|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the protection and use of certain products, |
|
information, and technology of the Parks and Wildlife Department. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 11, Parks and Wildlife Code, is amended |
|
by adding Subchapter M to read as follows: |
|
SUBCHAPTER M. INTELLECTUAL PROPERTY |
|
Sec. 11.351. PROTECTION AND USE OF INTELLECTUAL PROPERTY. |
|
(a) The department may: |
|
(1) apply for, register, secure, hold, and protect |
|
under the laws of the United States, any state, or any nation: |
|
(A) a patent for an invention or discovery of, or |
|
improvement to, any process, machine, manufacture, or composition |
|
of matter; |
|
(B) a copyright for an original work of |
|
authorship fixed in any tangible medium of expression now known or |
|
later developed that can be perceived, reproduced, or otherwise |
|
communicated; |
|
(C) a trademark, service mark, collective mark, |
|
or certification mark for a word, name, symbol, device, or slogan, |
|
or any combination of those items, that has been adopted and used by |
|
the department to identify goods or services and distinguish those |
|
goods or services from other goods or services; or |
|
(D) other evidence of protection or exclusivity |
|
issued in or for intellectual property; |
|
(2) enter into a contract with an individual or |
|
company for the sale, lease, marketing, or other distribution of |
|
intellectual property of the department; |
|
(3) obtain under a contract entered into under |
|
Subdivision (2) a royalty, license right, or other appropriate |
|
means of securing appropriate compensation for the development or |
|
purchase of intellectual property of the department; and |
|
(4) waive or reduce the amount of a fee, royalty, or |
|
other thing of monetary or nonmonetary value to be assessed by the |
|
department if the department determines that the waiver will: |
|
(A) further the goals and missions of the |
|
department; and |
|
(B) result in a net benefit to the state. |
|
(b) Intellectual property for which the department has |
|
applied for or received a patent, copyright, trademark, or other |
|
evidence of protection or exclusivity is excepted from required |
|
disclosure under Chapter 552, Government Code. |
|
(c) Money paid to the department under this section shall be |
|
deposited to the credit of the game, fish, and water safety account |
|
or the state parks account, as appropriate. |
|
(d) It is not a violation of Chapter 572, Government Code, |
|
or another law of this state for an employee of the department who |
|
conceives, creates, discovers, invents, or develops intellectual |
|
property to own or to be awarded any amount of equity interest or |
|
participation in the research, development, licensing, or |
|
exploitation of that intellectual property with the approval of the |
|
commission. |
|
(e) The commission shall institute intellectual property |
|
policies for the department that establish minimum standards for: |
|
(1) the public disclosure or availability of products, |
|
technology, and scientific information, including inventions, |
|
discoveries, trade secrets, and computer software; |
|
(2) review by the department of products, technology, |
|
and scientific information, including consideration of ownership |
|
and appropriate legal protection; |
|
(3) the licensing of products, technology, and |
|
scientific information; |
|
(4) the identification of ownership and licensing |
|
responsibilities for each class of intellectual property; and |
|
(5) royalty participation by inventors and the |
|
department. |
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2015. |