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Amend CSSB 5 (Senate Committee Printing) in ARTICLE 6 of the bill by adding the following appropriately numbered SECTION and renumbering the subsequent SECTIONS of ARTICLE 6 appropriately:
SECTION 6.____. Section 51.914, Education Code, is amended to read as follows:
Sec. 51.914.  PROTECTION OF CERTAIN INFORMATION. (a) In order to protect the actual or potential value, the following information is [shall be] confidential and is [shall] not [be] subject to disclosure under Chapter 552, Government Code, or otherwise:
(1)  all information relating to a product, device, or process, the application or use of such a product, device, or process, and all technological and scientific information (including computer programs) developed in whole or in part at a state institution of higher education, regardless of whether patentable or capable of being registered under copyright or trademark laws, that have a potential for being sold, traded, or licensed for a fee;
(2)  any information relating to a product, device, or process, the application or use of such product, device, or process, and any technological and scientific information (including computer programs) that is the proprietary information of a person, partnership, corporation, or federal agency that has been disclosed to an institution of higher education solely for the purposes of a written research contract or grant that contains a provision prohibiting the institution of higher education from disclosing such proprietary information to third persons or parties; or
(3)  the plans, specifications, blueprints, and designs, including related proprietary information, of a scientific research and development facility that is jointly financed by the federal government and a local government or state agency, including an institution of higher education, if the facility is designed and built for the purposes of promoting scientific research and development and increasing the economic development and diversification of this state.
(b)  Information maintained by or for an institution of higher education that would reveal the institution's plans or negotiations for commercialization or research, or that consists of unpublished research results or data, is not subject to Chapter 552, Government Code, unless the information has been published, is patented, or is otherwise subject to an executed license, sponsored research agreement, or research contract or grant. In this subsection, "institution of higher education" has the meaning assigned by Section 61.003.