2011S0585-1 03/07/11
 
  By: Nelson S.B. No. 1421
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the awarding of grants provided by the Cancer
  Prevention and Research Institute of Texas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 102.256, Health and
  Safety Code, is amended to read as follows:
         (a)  The oversight committee shall establish standards that
  require all grant awards to be subject to an intellectual property
  agreement that allows the state to collect royalties, income, and
  other benefits, including interest or proceeds resulting from
  securities and equity ownership, realized as a result of projects
  undertaken with money awarded under Subchapter E.
         SECTION 2.  Section 102.262, Health and Safety Code, is
  amended to read as follows:
         Sec. 102.262.  PUBLIC INFORMATION. (a)  The following
  information is public information and may be disclosed under
  Chapter 552, Government Code:
               (1)  the applicant's name and address;
               (2)  the amount of funding applied for;
               (3)  the type of cancer to be addressed under the
  proposal; and
               (4)  any other information designated by the institute
  with the consent of the grant applicant.
         (b)  In order to protect the actual or potential value of
  information submitted to the institute by an applicant for or
  recipient of an institute grant, the following information
  submitted by such applicant or recipient is confidential and is not
  subject to disclosure under Chapter 552, Government Code, or any
  other law:
               (1)  all information, except as provided in Subsection
  (a) or information that is contained in a grant award contract
  between the institute and a grant recipient, 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 by an applicant for or recipient of an institute grant,
  regardless of whether patentable or capable of being registered
  under copyright or trademark laws, that has a potential for being
  sold, traded, or licensed for a fee; and
               (2)  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.
         SECTION 3.  This Act takes effect September 1, 2011.