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A BILL TO BE ENTITLED
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AN ACT
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relating to duties of the comptroller's office regarding |
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state-owned intellectual property and commercial equity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 403, Government Code, is |
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amended by adding Section 403.0302 to read as follows: |
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Sec. 403.0302. STATE-OWNED INTELLECTUAL PROPERTY AND |
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COMMERCIAL EQUITY. (a) In this section: |
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(1) "Commercial equity" means an ownership interest in |
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a commercial enterprise. |
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(2) "Expressive work" means: |
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(A) a fictional or nonfictional entertainment, |
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dramatic, literary, or musical work that is a play, book, magazine, |
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newspaper, musical composition, audiovisual work, radio or |
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television program, work of art, or work of political or newsworthy |
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value; or |
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(B) an advertisement or commercial announcement |
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of a work described by Paragraph (A). |
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(3) "Intellectual property" means an intangible asset |
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that is subject to statutory protection under applicable patent, |
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copyright, or trademark law. The term includes an invention, |
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industrial design, identifying mark or symbol, electronic |
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publication, trade secret, and literary, musical, artistic, |
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photographic, or film work. |
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(4) "State agency" has the meaning assigned by Section |
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403.241. |
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(b) The comptroller, using existing resources, shall |
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compile a list of the intellectual property and commercial equity |
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in which this state has an ownership interest or through its |
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operations may acquire an ownership interest. |
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(c) Not later than December 31 of each even-numbered year, |
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the comptroller shall collect information from each state agency |
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regarding the intellectual property and commercial equity in which |
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the agency has an ownership interest or may acquire an ownership |
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interest. The information submitted by the state agency must |
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contain: |
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(1) the total amount the state agency spent to acquire |
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the ownership interest, including the amount of any grant awarded |
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or loan granted, and the value of any other operations; |
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(2) any realized or unrealized gain that has resulted |
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from the ownership interest; and |
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(3) the status of the intellectual property or |
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commercial equity. |
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(d) For purposes of Subsection (c), an ownership interest |
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does not include a grant awarded or other assistance provided under |
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Subchapter B, Chapter 485. |
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(e) From the information submitted under Subsection (c), |
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the comptroller shall electronically publish a biennial |
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comprehensive report detailing the intellectual property and |
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commercial equity in which the state has an ownership interest. |
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(f) This section does not apply to an expressive work: |
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(1) that is created by a person who at the time the |
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work was created was not employed by or otherwise providing |
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services to the state related to the work; or |
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(2) in which the state has no ownership interest. |
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SECTION 2. Section 2111.002, Government Code, is amended to |
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read as follows: |
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Sec. 2111.002. REPORTING. Each state agency shall report |
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to the lieutenant governor, [and] the speaker of the house of |
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representatives, and the comptroller any technological innovation |
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developed by the agency that: |
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(1) has potential commercial application, is |
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proprietary, or could be protected under intellectual property |
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laws; and |
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(2) was developed: |
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(A) during the preceding calendar year; or |
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(B) before the preceding calendar year but was |
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not previously reported to the lieutenant governor, [and] the |
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speaker of the house of representatives, and the comptroller. |
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SECTION 3. This Act takes effect September 1, 2013. |