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SECTION 1. Subchapter B,
Chapter 403, Government Code, is amended by adding Section 403.0302 to read
as follows:
Sec. 403.0302. OFFICE OF
STATE-OWNED INTELLECTUAL PROPERTY AND COMMERCIAL EQUITY. (a) In this
section:
(1) "Commercial
equity" means an ownership interest in a commercial enterprise.
(2) "State
agency" has the meaning assigned by Section 403.241.
(b) The comptroller shall establish in the comptroller's office an
office of state-owned intellectual property and commercial equity to
monitor and track the intellectual property and commercial equity in
which this state has an ownership interest or through its operations may
acquire an ownership interest.
(c) Not later than
December 31 of each even-numbered year, the office
shall collect information from each state agency and from independent sources as necessary regarding the
intellectual property and commercial equity in which the agency has an
ownership interest. The information submitted by the state agency must
contain:
(1) the total amount the
state agency spent to acquire the ownership interest, including the amount
of any grant awarded or loan granted, and the value of any other
operations;
(2) any realized or
unrealized gain that has resulted from the ownership interest; and
(3) the status of the
intellectual property or commercial equity.
(d) The office shall:
(1) continuously monitor
each grant, expenditure, or loan made by a state agency to fund a research
and development project or another project that is likely to lead to an
innovation in which a patent or other intellectual property right may be
awarded; and
(2) determine whether
there is an appropriate opportunity for this state to assume an ownership
interest in intellectual property or a commercial equity position in the
project.
No
equivalent provision.
(e) From the information
submitted under Subsection (c), the office
shall electronically publish a biennial comprehensive report detailing:
(1) the intellectual
property and commercial equity in which the state has an ownership
interest;
(2) opportunities for this state to acquire an ownership interest in
intellectual property or commercial equity; and
(3) methods by which this state can maximize its revenue and offer
economic benefits by holding an ownership interest in a project or activity
that the state partly or wholly funds.
(f) The comptroller may
assign other duties to the office as the comptroller determines
appropriate.
No
equivalent provision.
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SECTION 1. Subchapter B,
Chapter 403, Government Code, is amended by adding Section 403.0302 to read
as follows:
Sec. 403.0302.
STATE-OWNED INTELLECTUAL PROPERTY AND COMMERCIAL EQUITY. (a) In this
section:
(1) "Commercial
equity" means an ownership interest in a commercial enterprise.
(2) "Expressive work" means:
(A) a fictional or nonfictional entertainment, dramatic, literary,
or musical work that is a play, book, magazine, newspaper, musical
composition, audiovisual work, radio or television program, work of art, or
work of political or newsworthy value; or
(B) an advertisement or commercial announcement of a work described
by Paragraph (A).
(3) "Intellectual property" means an intangible asset that
is subject to statutory protection under applicable patent, copyright, or
trademark law. The term includes an invention, industrial design,
identifying mark or symbol, electronic publication, trade secret, and
literary, musical, artistic, photographic, or film work.
(4) "State
agency" has the meaning assigned by Section 403.241.
(b) The comptroller, using existing resources, shall compile a list of
the intellectual property and commercial equity in which this state has an
ownership interest or through its operations may acquire an ownership
interest.
(c) Not later than
December 31 of each even-numbered year, the comptroller
shall collect information from each state agency regarding the intellectual
property and commercial equity in which the agency has an ownership
interest or may acquire an ownership interest.
The information submitted by the state agency must contain:
(1) the total amount the
state agency spent to acquire the ownership interest, including the amount
of any grant awarded or loan granted, and the value of any other
operations;
(2) any realized or
unrealized gain that has resulted from the ownership interest; and
(3) the status of the
intellectual property or commercial equity.
No
equivalent provision.
(d) For purposes of
Subsection (c), an ownership interest does not include a grant awarded or
other assistance provided under Subchapter B, Chapter 485.
(e) From the information
submitted under Subsection (c), the comptroller
shall electronically publish a biennial comprehensive report detailing the
intellectual property and commercial equity in which the state has an
ownership interest.
No
equivalent provision.
(f) This section does not
apply to an expressive work:
(1) that is created by a
person who at the time the work was created was not employed by or
otherwise providing services to the state related to the work; or
(2) in which the state
has no ownership interest.
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SECTION 2. Section 2111.002,
Government Code, is amended to read as follows:
Sec. 2111.002. REPORTING.
Each state agency shall report to the lieutenant governor, [and]
the speaker of the house of representatives, and the office of state-owned intellectual property and commercial
equity established by the comptroller under Section 403.0302 any
technological innovation developed by the agency that:
(1) has potential commercial
application, is proprietary, or could be protected under intellectual
property laws; and
(2) was developed:
(A) during the preceding
calendar year; or
(B) before the preceding
calendar year but was not previously reported to the lieutenant governor,
[and] the speaker of the house of representatives, and the office.
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SECTION 2. Section 2111.002,
Government Code, is amended to read as follows:
Sec. 2111.002. REPORTING.
Each state agency shall report to the lieutenant governor, [and]
the speaker of the house of representatives, and the comptroller any technological innovation developed
by the agency that:
(1) has potential commercial
application, is proprietary, or could be protected under intellectual
property laws; and
(2) was developed:
(A) during the preceding
calendar year; or
(B) before the preceding
calendar year but was not previously reported to the lieutenant governor,
[and] the speaker of the house of representatives, and the comptroller.
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