SRC-MSY, LBB S.B. 349 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 349
By: Armbrister
State Affairs
2/20/2003
As Filed


DIGEST 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.  As proposed, 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 requires each state agency to perform an
audit of licenses for software installed on its computer equipment at
least once every four years. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2054.052, Government Code, by adding
Subsections (e) and (f), as follows: 

(e)  Authorizes the Department of Information Resources (department) to
acquire, apply for, register, secure, hold, protect and renew under the
laws of the State of Texas, the United States, any state in the United
States, or any nation certain patents, copyrights, trademarks, or other
certain intellectual property rights; and to contract with a person or
entity for the reproduction, distribution, advertising, sale, marketing or
other related distribution of the department's intellectual property.
Provides for certain other state agency intellectual property matters. 

(f)  Requires money paid to the department under this section to be
deposited to the credit of the general revenue fund except as provided
under Section 2054.115(c) (relating to the sale or release of software). 

SECTION 2.  Amends Section 2054.124(a), Government Code, to require each
state agency to perform an audit of software licenses for software
installed in the agency's desktop and portable computers at least once in
every four-year period. 

SECTION 3.  Effective date:  September 1, 2003.