BILL ANALYSIS

 

 

Senate Research Center	S.B. 385
87R1546 JCG-D	By: Powell
	Local Government
	3/12/2021
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

John Peter Smith Hospital in Tarrant County (JPS) has been using the title Institute for Culture Change and Innovation ("ICCI") as it develops innovative solutions for health care supporting JPS Health and Hospital System to produce the best possible outcomes for their patients. JPS seeks to develop financial resources for the system by protecting related intellectual property and making such healthcare solutions available to hospitals and other health care providers. As JPS' internal education and research capabilities expand, innovation will grow.

 

S.B. 385 authorizes the Tarrant County Hospital District (JPS) to license or sell technology, to contract, collaborate, or enter into a joint venture or other agreements with a public or private entity.

 

As proposed, S.B. 385 amends current law relating to the authority of the Tarrant County Hospital District or a nonprofit corporation formed by the district regarding certain technology or intellectual property owned by or licensed to the district or corporation.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter C, Chapter 281, Health and Safety Code, by adding Section 281.0519, as follows:

 

Sec. 281.0519. TARRANT COUNTY HOSPITAL DISTRICT; AUTHORITY TO SELL OR LICENSE INTELLECTUAL PROPERTY. (a) Authorizes the Tarrant County Hospital District (district) or a nonprofit corporation formed by the district to:

 

(1)  sell or license technology or intellectual property that is owned by or licensed to the district or a nonprofit corporation formed by the district;

(2)  enter into a contract to provide services related to technology or intellectual property sold or licensed under Subdivision (1);

(3)  contract, collaborate, or enter into a joint venture or other agreement with a public or private entity to engage in an activity authorized under Subdivision (1) or (2); or

(4)  take any other action necessary to protect or benefit from the exclusivity of technology and intellectual property owned by or licensed to the district or a nonprofit corporation formed by the district, including applying for, acquiring, registering, securing, holding, protecting, and renewing under applicable provisions of state, federal, or international law a patent, a copyright, a trademark, service mark, collective mark, certification mark, or any other form of protection.

(b) Provides that, for purposes of Subsection (a)(3), a public or private entity may be a for-profit or a nonprofit entity, and a nonprofit corporation formed by the district may hold an ownership interest in a public or private entity described by Subsection (a)(3).

(c) Provides that information prepared or compiled by or for the district or a nonprofit corporation formed by the district relating to the development of technology or intellectual property to which this section applies is exempt from public disclosure under Chapter 552 (Public Information), Government Code.

SECTION 2. Effective date: upon passage or September 1, 2021.