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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection and use of intellectual property by the |
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executive administrator of the Texas Water Development Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 6, Water Code, is amended |
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by adding Section 6.197 to read as follows: |
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Sec. 6.197. INTELLECTUAL PROPERTY OF BOARD. The executive |
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administrator, with the approval of the board and on the board's |
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behalf, may: |
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(1) acquire, apply for, register, secure, hold, |
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protect, and renew under the laws of this state, another state, the |
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United States, or any other nation: |
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(A) a patent for the invention or discovery of: |
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(i) any new and useful process, machine, |
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manufacture, composition of matter, art, or method; |
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(ii) any new use of a known process, |
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machine, manufacture, composition of matter, art, or method; or |
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(iii) any new and useful improvement on a |
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known process, machine, manufacture, composition of matter, art, or |
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method; |
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(B) a copyright for an original work of |
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authorship fixed in any tangible medium of expression, now known or |
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later developed, from which the work may be perceived, reproduced, |
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or otherwise communicated, either directly or with the aid of a |
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machine or device; |
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(C) a trademark, service mark, collective mark, |
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or certification mark for a word, name, symbol, device, or slogan |
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that the board uses to identify and distinguish the board's goods |
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and services from other goods and services; or |
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(D) other evidence of protection or exclusivity |
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issued for intellectual property; |
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(2) contract with a person for the reproduction, |
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public performance, display, advertising, marketing, lease, |
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licensing, sale, use, or other distribution of the board's |
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intellectual property; |
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(3) obtain under a contract described by Subdivision |
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(2) a royalty, license right, or other appropriate means of |
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securing reasonable compensation or thing of nonmonetary value for |
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the exercise of rights with respect to the board's intellectual |
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property; |
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(4) waive, increase, or reduce the amount of |
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compensation or thing of nonmonetary value secured by a contract |
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under Subdivision (3) if the executive administrator, with the |
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approval of the board, determines that the waiver, increase, or |
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reduction will: |
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(A) further a goal or mission of the board; and |
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(B) result in a net benefit to this state; and |
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(5) enforce rules adopted to implement this section. |
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SECTION 2. This Act takes effect September 1, 2007. |