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78R3837 MXM-F

By:  Pitts                                                        H.B. No. 739



A BILL TO BE ENTITLED

AN ACT

relating to the protection and use of intellectual property by the 
Department of Information Resources.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 2054, Government Code, is 
amended by adding Section 2054.064 to read as follows:
	Sec. 2054.064.  PROTECTION AND USE OF INTELLECTUAL PROPERTY.  
(a)  The department may:
		(1)  apply for, register, secure, hold, and protect 
under any law in any jurisdiction:
			(A)  a patent for the invention or discovery of, 
or improvement to, any process, machine, manufacture, or 
composition of matter;
			(B)  a copyright for an original work of 
authorship fixed in any tangible medium of expression now known or 
later developed that can be perceived, reproduced, or otherwise 
communicated;
			(C)  a trademark, service mark, collective mark, 
or certification mark for a word, name, symbol, device, or slogan 
that the department uses to identify or distinguish goods or 
services from other goods and services; or
			(D)  other evidence of protection or exclusivity 
issued for intellectual property;
		(2)  contract with a person for the reproduction, 
distribution, public performance, display, advertising, sale, 
lease, marketing, licensing, or other distribution of intellectual 
property of the department;
		(3)  obtain under a contract described by Subdivision 
(2) a royalty, license right, or other appropriate means of 
securing appropriate compensation for the exercise of an 
intellectual property right of the department; and
		(4)  waive or reduce the amount of compensation secured 
by contract under Subdivision (3) if the department determines that 
the waiver or reduction will:
			(A)  further a goal or mission of the department; 
and               
			(B)  result in a net benefit to the state.                            
	(b)  Money paid to the department under this section shall be 
deposited to the credit of the general revenue fund except as 
otherwise provided by Section 2054.115.
	SECTION 2.  This Act takes effect September 1, 2003.