S.B. 349 78(R)    BILL ANALYSIS


S.B. 349
By: Armbrister
Economic Development
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current Texas law, the Department of Information Resources
(department) does not have the explicit authority to acquire or hold
intellectual property rights through patents, copyrights, trademarks, and
other intellectual property rights.  As a result, the department is unable
to copyright and trademark parts of its intellectual property and derive
revenue from it.  S.B. 349  amends the Government Code to give the
department that explicit authority, and to require any revenue acquired
from intellectual property to be paid to the general revenue fund.  In
addition, S.B. 349 repeals Section 2054.124, which requires each state
agency to perform a biennial audit of software licenses for software
installed in the agency's computers. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SB 349 amends the Government Code to allow the Department of Information
Resources to patent, copyright, or trademark its intellectual property;
any revenue paid to the department shall be deposited in the general
revenue fund. 

SB 349 repeals Section 2054.124, Government Code, which requires each
state agency to perform a biennial audit of software licenses for software
installed in the agency's computers. 

EFFECTIVE DATE

September 1, 2003.