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


Senate Research CenterC.S.S.B. 349
By: Armbrister
State Affairs
3/12/2003
Committee Report (Substituted)


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.  C.S.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, C.S.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

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.  Repealer:  Section 2054.124, Government Code (State Agency
Software License Audit). 

SECTION 3.  Effective date:  September 1, 2003.

SUMMARY OF COMMITTEE CHANGES

In SECTION 2:  Replaces SECTION 2 from the original bill, which altered
the frequency of state agency software license audits called for by
Section 2054.124, Government Code, with a provision that repeals that
section altogether.