2003S0142-1 01/27/03


By:  Armbrister                                                   S.B. No. 349


A BILL TO BE ENTITLED

AN ACT

relating to the intellectual property rights of the Department of 
Information Resources and certain other state agency intellectual 
property matters.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2054.052, Government Code, is amended by 
adding Subsections (e) and (f) to read as follows:
	(e)  The department may:                                                
		(1)  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:
			(A)  a patent for the invention, discovery, or 
improvement of any new and useful process, machine, manufacture, 
composition of matter, art, or method, including any new use of a 
known process, machine, manufacture, composition of matter, art, or 
method;
			(B)  a copyright for an original work of 
authorship fixed in any tangible medium of expression, now known or 
later developed, from which it can be perceived, reproduced, or 
otherwise communicated, either directly or with the aid of a 
machine or device;
			(C)  a trademark, service mark, collective mark, 
or certification mark for a word, name, symbol, device, or slogan 
that the department uses to identify and distinguish its goods and 
services from other goods and services; or
			(D)  other evidence of protection or exclusivity 
issued for intellectual property;
		(2)  contract with a person or entity for the 
reproduction, distribution, public performance, display, 
advertising, marketing, lease, licensing, sale, use, or other 
distribution of the department's intellectual property;
		(3)   obtain under a contract described in Subdivision 
(2) a royalty, license right, or other appropriate means of 
securing reasonable compensation for the exercise of rights with 
respect to the department's intellectual property; and
		(4)  waive, increase, or reduce the amount of 
compensation secured by contract under Subdivision (3) if the 
department determines that the waiver, increase, or reduction will:
			(A)  further a goal or mission of the department; 
and               
			(B)  result in a net benefit to the state.                            
	(f)  Except as provided by Section 2054.115(c), money paid to 
the department under this section shall be deposited to the credit 
of the general revenue fund.
	SECTION 2.  Subsection (a), Section 2054.124, Government 
Code, is amended to read as follows:
	(a)  At least once in every four-year period, each [Each] 
state agency shall perform an [a biennial] audit of software 
licenses for software installed in the agency's desktop and 
portable computers.
	SECTION 3.  This Act takes effect September 1, 2003.