83R10234 YDB-D

By: Cortez H.B. No. 2891

A BILL TO BE ENTITLED

AN ACT

relating to the establishment and duties of the office of state-owned intellectual property and commercial equity in the comptroller's office.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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.

(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.

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.

SECTION 3. Not later than December 1, 2013, the comptroller of public accounts of the State of Texas shall establish the office of state-owned intellectual property and commercial equity as required by Section 403.0302, Government Code, as added by this Act.

SECTION 4. This Act takes effect September 1, 2013.