State Codes and Statutes
Statutes > Texas > Education-code > Title-3-higher-education > Chapter-153-centers-for-technology-development-and-transfer
EDUCATION CODE
TITLE 3. HIGHER EDUCATION
SUBTITLE H. RESEARCH IN HIGHER EDUCATION
CHAPTER 153. CENTERS FOR TECHNOLOGY DEVELOPMENT AND TRANSFER
Sec. 153.001. DEFINITIONS. In this chapter:
(1) "Center" means an office, department, or other
organizational unit established under this chapter.
(2) "Governing board" has the meaning assigned by Section
61.003.
(3) "Institution of higher education" has the meaning assigned
by Section 61.003.
(4) "Organization" has the meaning assigned by Section 1.201,
Business & Commerce Code.
(5) "Person" has the meaning assigned by Section 1.201, Business
& Commerce Code.
(6) "Technology" means the application of scientific knowledge
for practical purposes and includes inventions, discoveries,
trade secrets, copyrighted materials, tools, machines, materials,
processes to do work, processes to produce goods, processes to
perform services, processes to carry out other useful activities,
trademarks, and computer software.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.002. FINDINGS. The legislature finds that:
(1) it is essential to the continued economic growth and
diversification of this state that technology development and
transfer be promoted and expanded;
(2) the students, scientists, researchers, faculty, and staff of
the institutions of higher education of this state have developed
and, in all likelihood, will continue to develop technology that
will contribute to the continued growth and diversification of
the state's economy;
(3) the electorate of this state authorized the legislature to
allow for the programs created by this chapter by adopting
Section 52-a, Article III, Texas Constitution; and
(4) an institution of higher education is authorized to engage
in technology development and transfer activities under the
authority provided to its governing board and other state and
federal law.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.003. CREATION OF CENTERS. (a) An institution of
higher education, subject to approval by its governing board, is
authorized to establish centers to manage, transfer, market, or
otherwise commercialize technology owned by it or in which it
owns an interest.
(b) Each center shall be administered within an institution of
higher education.
(c) Centers may provide services to multiple institutions of
higher education. An institution of higher education may contract
with a center under the control of a governing board other than
its own.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.004. OPERATION OF CENTERS. (a) To the extent
authorized by its governing board, an institution of higher
education, through a center established under this chapter, may:
(1) accept and administer funds, including state appropriations,
gifts, grants, contracts, and donations, to aid in the
establishment, maintenance, and operation of the center or to aid
in the discovery, development, protection, or commercialization
of technology;
(2) solicit and enter into agreements to fund the discovery,
development, protection, and commercialization of technology;
(3) make technology owned or controlled by it available to
persons for commercial applications through license agreements,
assignments, or other forms of transfer;
(4) acquire interests in and ownership of technology;
(5) provide business, scientific, and engineering services and
technical assistance to persons engaged in the development,
manufacture, or marketing of technology in which it owns an
interest;
(6) acquire insurance and pay premiums on insurance of any kind
and in amounts considered necessary and advisable to accomplish
the purposes of this chapter;
(7) establish and operate corporations, either for profit or not
for profit, and limited liability companies for the development
and commercialization of technology and convey equity interests
in such entities; and
(8) engage in other related activities required to achieve the
purposes of this chapter.
(b) Property and services of institutions of higher education
may be used to achieve the purposes of this chapter.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.005. PROGRAMS. (a) To the extent authorized by its
governing board, an institution of higher education, through a
center, may operate programs to provide assistance to persons in
commercializing technology owned by it or in which it has an
interest. Assistance may include providing monetary support or
nonmonetary support, including the use of premises, computers,
computer software, telecommunications terminal equipment, office
equipment and supplies, machinery, custodial services, utilities,
or other services that are customarily treated as overhead
expenses by institutions of higher education.
(b) The policies and procedures to be used by an institution of
higher education to assess the qualifications of persons
participating in a center's programs, including objective
criteria for admission and for the measurement of progress and
standards for continuance or termination of participation, shall
be approved by the institution's governing board.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.006. SUPPORT OF CENTERS. (a) In order to carry out
the purposes of this chapter and to support the activities of
centers described in this chapter, to the extent authorized by
its governing board, an institution of higher education may:
(1) enter into agreements establishing royalties, fees, and
other consideration for technology developed in whole or part by
it;
(2) accept equity interests in organizations that license,
manage, or otherwise administer rights to technology belonging to
it or under its control in exchange for such rights, in whole or
in part;
(3) accept equity interests in organizations that license or
otherwise have rights in its technology as consideration for its
providing monetary, business, scientific, or engineering services
or technical assistance;
(4) use income from the commercialization of technology to fund
the activities of the center;
(5) solicit, accept, and administer gifts, grants, and
donations;
(6) enter into contracts for legal services with a competent
lawyer or law firm to:
(A) prepare, file, pursue, and maintain patent applications in
the United States or foreign jurisdictions;
(B) secure copyright protection for computer software;
(C) prepare, file, and pursue trademark and service mark
applications;
(D) pursue litigation to prevent or stop infringement of any
intellectual property rights of the institution; or
(E) handle any other legal matter related to the operation and
activities of the center; and
(7) enter into such other business arrangements as may be
appropriate for achieving the purposes of this chapter.
(b) The fees or other compensation paid in connection with a
legal services contract authorized by Subsection (a) may be paid
on a contingency fee basis, at an hourly rate, or on another
basis the governing board of the institution considers
appropriate.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1266, Sec. 1.12, eff.
June 20, 2003.
Sec. 153.007. NO FIDUCIARY DUTY. Except as otherwise provided
by law, a governing board, an institution of higher education, a
university system, a center, or any employee or member of those
entities does not owe a fiduciary duty to any person claiming an
interest in consideration received by a university system or an
institution of higher education in exchange for technology.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.008. BIENNIAL REPORT. Not later than December 1 of
each even-numbered year, the Texas Higher Education Coordinating
Board shall report to the governor and to the legislature
regarding activities conducted at institutions of higher
education under this chapter. The form of the report shall be
developed by the Texas Higher Education Coordinating Board in
consultation with institutions of higher education and shall
include the following measures for each institution of higher
education:
(1) revenues received from licenses, royalties, fees, cashed-in
equity, and other forms of income permitted by this chapter;
(2) the number of shares of stock or other equity interest held
under agreements created pursuant to this chapter;
(3) the fair market value of stock or other equity interests
held in publicly-traded enterprises created pursuant to this
chapter;
(4) new invention disclosures received;
(5) the number of new patent applications filed and new patents
granted;
(6) the number of new license agreements executed;
(7) the number of new corporations, partnerships, or other
business entities established to commercialize intellectual
property owned by the institution of higher education; and
(8) direct expenditures for all activities conducted under this
chapter.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
State Codes and Statutes
Statutes > Texas > Education-code > Title-3-higher-education > Chapter-153-centers-for-technology-development-and-transfer
EDUCATION CODE
TITLE 3. HIGHER EDUCATION
SUBTITLE H. RESEARCH IN HIGHER EDUCATION
CHAPTER 153. CENTERS FOR TECHNOLOGY DEVELOPMENT AND TRANSFER
Sec. 153.001. DEFINITIONS. In this chapter:
(1) "Center" means an office, department, or other
organizational unit established under this chapter.
(2) "Governing board" has the meaning assigned by Section
61.003.
(3) "Institution of higher education" has the meaning assigned
by Section 61.003.
(4) "Organization" has the meaning assigned by Section 1.201,
Business & Commerce Code.
(5) "Person" has the meaning assigned by Section 1.201, Business
& Commerce Code.
(6) "Technology" means the application of scientific knowledge
for practical purposes and includes inventions, discoveries,
trade secrets, copyrighted materials, tools, machines, materials,
processes to do work, processes to produce goods, processes to
perform services, processes to carry out other useful activities,
trademarks, and computer software.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.002. FINDINGS. The legislature finds that:
(1) it is essential to the continued economic growth and
diversification of this state that technology development and
transfer be promoted and expanded;
(2) the students, scientists, researchers, faculty, and staff of
the institutions of higher education of this state have developed
and, in all likelihood, will continue to develop technology that
will contribute to the continued growth and diversification of
the state's economy;
(3) the electorate of this state authorized the legislature to
allow for the programs created by this chapter by adopting
Section 52-a, Article III, Texas Constitution; and
(4) an institution of higher education is authorized to engage
in technology development and transfer activities under the
authority provided to its governing board and other state and
federal law.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.003. CREATION OF CENTERS. (a) An institution of
higher education, subject to approval by its governing board, is
authorized to establish centers to manage, transfer, market, or
otherwise commercialize technology owned by it or in which it
owns an interest.
(b) Each center shall be administered within an institution of
higher education.
(c) Centers may provide services to multiple institutions of
higher education. An institution of higher education may contract
with a center under the control of a governing board other than
its own.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.004. OPERATION OF CENTERS. (a) To the extent
authorized by its governing board, an institution of higher
education, through a center established under this chapter, may:
(1) accept and administer funds, including state appropriations,
gifts, grants, contracts, and donations, to aid in the
establishment, maintenance, and operation of the center or to aid
in the discovery, development, protection, or commercialization
of technology;
(2) solicit and enter into agreements to fund the discovery,
development, protection, and commercialization of technology;
(3) make technology owned or controlled by it available to
persons for commercial applications through license agreements,
assignments, or other forms of transfer;
(4) acquire interests in and ownership of technology;
(5) provide business, scientific, and engineering services and
technical assistance to persons engaged in the development,
manufacture, or marketing of technology in which it owns an
interest;
(6) acquire insurance and pay premiums on insurance of any kind
and in amounts considered necessary and advisable to accomplish
the purposes of this chapter;
(7) establish and operate corporations, either for profit or not
for profit, and limited liability companies for the development
and commercialization of technology and convey equity interests
in such entities; and
(8) engage in other related activities required to achieve the
purposes of this chapter.
(b) Property and services of institutions of higher education
may be used to achieve the purposes of this chapter.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.005. PROGRAMS. (a) To the extent authorized by its
governing board, an institution of higher education, through a
center, may operate programs to provide assistance to persons in
commercializing technology owned by it or in which it has an
interest. Assistance may include providing monetary support or
nonmonetary support, including the use of premises, computers,
computer software, telecommunications terminal equipment, office
equipment and supplies, machinery, custodial services, utilities,
or other services that are customarily treated as overhead
expenses by institutions of higher education.
(b) The policies and procedures to be used by an institution of
higher education to assess the qualifications of persons
participating in a center's programs, including objective
criteria for admission and for the measurement of progress and
standards for continuance or termination of participation, shall
be approved by the institution's governing board.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.006. SUPPORT OF CENTERS. (a) In order to carry out
the purposes of this chapter and to support the activities of
centers described in this chapter, to the extent authorized by
its governing board, an institution of higher education may:
(1) enter into agreements establishing royalties, fees, and
other consideration for technology developed in whole or part by
it;
(2) accept equity interests in organizations that license,
manage, or otherwise administer rights to technology belonging to
it or under its control in exchange for such rights, in whole or
in part;
(3) accept equity interests in organizations that license or
otherwise have rights in its technology as consideration for its
providing monetary, business, scientific, or engineering services
or technical assistance;
(4) use income from the commercialization of technology to fund
the activities of the center;
(5) solicit, accept, and administer gifts, grants, and
donations;
(6) enter into contracts for legal services with a competent
lawyer or law firm to:
(A) prepare, file, pursue, and maintain patent applications in
the United States or foreign jurisdictions;
(B) secure copyright protection for computer software;
(C) prepare, file, and pursue trademark and service mark
applications;
(D) pursue litigation to prevent or stop infringement of any
intellectual property rights of the institution; or
(E) handle any other legal matter related to the operation and
activities of the center; and
(7) enter into such other business arrangements as may be
appropriate for achieving the purposes of this chapter.
(b) The fees or other compensation paid in connection with a
legal services contract authorized by Subsection (a) may be paid
on a contingency fee basis, at an hourly rate, or on another
basis the governing board of the institution considers
appropriate.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1266, Sec. 1.12, eff.
June 20, 2003.
Sec. 153.007. NO FIDUCIARY DUTY. Except as otherwise provided
by law, a governing board, an institution of higher education, a
university system, a center, or any employee or member of those
entities does not owe a fiduciary duty to any person claiming an
interest in consideration received by a university system or an
institution of higher education in exchange for technology.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.008. BIENNIAL REPORT. Not later than December 1 of
each even-numbered year, the Texas Higher Education Coordinating
Board shall report to the governor and to the legislature
regarding activities conducted at institutions of higher
education under this chapter. The form of the report shall be
developed by the Texas Higher Education Coordinating Board in
consultation with institutions of higher education and shall
include the following measures for each institution of higher
education:
(1) revenues received from licenses, royalties, fees, cashed-in
equity, and other forms of income permitted by this chapter;
(2) the number of shares of stock or other equity interest held
under agreements created pursuant to this chapter;
(3) the fair market value of stock or other equity interests
held in publicly-traded enterprises created pursuant to this
chapter;
(4) new invention disclosures received;
(5) the number of new patent applications filed and new patents
granted;
(6) the number of new license agreements executed;
(7) the number of new corporations, partnerships, or other
business entities established to commercialize intellectual
property owned by the institution of higher education; and
(8) direct expenditures for all activities conducted under this
chapter.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
State Codes and Statutes
Statutes >
Texas >
Education-code >
Title-3-higher-education >
Chapter-153-centers-for-technology-development-and-transfer EDUCATION CODE
TITLE 3. HIGHER EDUCATION
SUBTITLE H. RESEARCH IN HIGHER EDUCATION
CHAPTER 153. CENTERS FOR TECHNOLOGY DEVELOPMENT AND TRANSFER
Sec. 153.001. DEFINITIONS. In this chapter:
(1) "Center" means an office, department, or other
organizational unit established under this chapter.
(2) "Governing board" has the meaning assigned by Section
61.003.
(3) "Institution of higher education" has the meaning assigned
by Section 61.003.
(4) "Organization" has the meaning assigned by Section 1.201,
Business & Commerce Code.
(5) "Person" has the meaning assigned by Section 1.201, Business
& Commerce Code.
(6) "Technology" means the application of scientific knowledge
for practical purposes and includes inventions, discoveries,
trade secrets, copyrighted materials, tools, machines, materials,
processes to do work, processes to produce goods, processes to
perform services, processes to carry out other useful activities,
trademarks, and computer software.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.002. FINDINGS. The legislature finds that:
(1) it is essential to the continued economic growth and
diversification of this state that technology development and
transfer be promoted and expanded;
(2) the students, scientists, researchers, faculty, and staff of
the institutions of higher education of this state have developed
and, in all likelihood, will continue to develop technology that
will contribute to the continued growth and diversification of
the state's economy;
(3) the electorate of this state authorized the legislature to
allow for the programs created by this chapter by adopting
Section 52-a, Article III, Texas Constitution; and
(4) an institution of higher education is authorized to engage
in technology development and transfer activities under the
authority provided to its governing board and other state and
federal law.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.003. CREATION OF CENTERS. (a) An institution of
higher education, subject to approval by its governing board, is
authorized to establish centers to manage, transfer, market, or
otherwise commercialize technology owned by it or in which it
owns an interest.
(b) Each center shall be administered within an institution of
higher education.
(c) Centers may provide services to multiple institutions of
higher education. An institution of higher education may contract
with a center under the control of a governing board other than
its own.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.004. OPERATION OF CENTERS. (a) To the extent
authorized by its governing board, an institution of higher
education, through a center established under this chapter, may:
(1) accept and administer funds, including state appropriations,
gifts, grants, contracts, and donations, to aid in the
establishment, maintenance, and operation of the center or to aid
in the discovery, development, protection, or commercialization
of technology;
(2) solicit and enter into agreements to fund the discovery,
development, protection, and commercialization of technology;
(3) make technology owned or controlled by it available to
persons for commercial applications through license agreements,
assignments, or other forms of transfer;
(4) acquire interests in and ownership of technology;
(5) provide business, scientific, and engineering services and
technical assistance to persons engaged in the development,
manufacture, or marketing of technology in which it owns an
interest;
(6) acquire insurance and pay premiums on insurance of any kind
and in amounts considered necessary and advisable to accomplish
the purposes of this chapter;
(7) establish and operate corporations, either for profit or not
for profit, and limited liability companies for the development
and commercialization of technology and convey equity interests
in such entities; and
(8) engage in other related activities required to achieve the
purposes of this chapter.
(b) Property and services of institutions of higher education
may be used to achieve the purposes of this chapter.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.005. PROGRAMS. (a) To the extent authorized by its
governing board, an institution of higher education, through a
center, may operate programs to provide assistance to persons in
commercializing technology owned by it or in which it has an
interest. Assistance may include providing monetary support or
nonmonetary support, including the use of premises, computers,
computer software, telecommunications terminal equipment, office
equipment and supplies, machinery, custodial services, utilities,
or other services that are customarily treated as overhead
expenses by institutions of higher education.
(b) The policies and procedures to be used by an institution of
higher education to assess the qualifications of persons
participating in a center's programs, including objective
criteria for admission and for the measurement of progress and
standards for continuance or termination of participation, shall
be approved by the institution's governing board.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.006. SUPPORT OF CENTERS. (a) In order to carry out
the purposes of this chapter and to support the activities of
centers described in this chapter, to the extent authorized by
its governing board, an institution of higher education may:
(1) enter into agreements establishing royalties, fees, and
other consideration for technology developed in whole or part by
it;
(2) accept equity interests in organizations that license,
manage, or otherwise administer rights to technology belonging to
it or under its control in exchange for such rights, in whole or
in part;
(3) accept equity interests in organizations that license or
otherwise have rights in its technology as consideration for its
providing monetary, business, scientific, or engineering services
or technical assistance;
(4) use income from the commercialization of technology to fund
the activities of the center;
(5) solicit, accept, and administer gifts, grants, and
donations;
(6) enter into contracts for legal services with a competent
lawyer or law firm to:
(A) prepare, file, pursue, and maintain patent applications in
the United States or foreign jurisdictions;
(B) secure copyright protection for computer software;
(C) prepare, file, and pursue trademark and service mark
applications;
(D) pursue litigation to prevent or stop infringement of any
intellectual property rights of the institution; or
(E) handle any other legal matter related to the operation and
activities of the center; and
(7) enter into such other business arrangements as may be
appropriate for achieving the purposes of this chapter.
(b) The fees or other compensation paid in connection with a
legal services contract authorized by Subsection (a) may be paid
on a contingency fee basis, at an hourly rate, or on another
basis the governing board of the institution considers
appropriate.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1266, Sec. 1.12, eff.
June 20, 2003.
Sec. 153.007. NO FIDUCIARY DUTY. Except as otherwise provided
by law, a governing board, an institution of higher education, a
university system, a center, or any employee or member of those
entities does not owe a fiduciary duty to any person claiming an
interest in consideration received by a university system or an
institution of higher education in exchange for technology.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
Sec. 153.008. BIENNIAL REPORT. Not later than December 1 of
each even-numbered year, the Texas Higher Education Coordinating
Board shall report to the governor and to the legislature
regarding activities conducted at institutions of higher
education under this chapter. The form of the report shall be
developed by the Texas Higher Education Coordinating Board in
consultation with institutions of higher education and shall
include the following measures for each institution of higher
education:
(1) revenues received from licenses, royalties, fees, cashed-in
equity, and other forms of income permitted by this chapter;
(2) the number of shares of stock or other equity interest held
under agreements created pursuant to this chapter;
(3) the fair market value of stock or other equity interests
held in publicly-traded enterprises created pursuant to this
chapter;
(4) new invention disclosures received;
(5) the number of new patent applications filed and new patents
granted;
(6) the number of new license agreements executed;
(7) the number of new corporations, partnerships, or other
business entities established to commercialize intellectual
property owned by the institution of higher education; and
(8) direct expenditures for all activities conducted under this
chapter.
Added by Acts 2001, 77th Leg., ch. 749, Sec. 1, eff. Sept. 1,
2001.
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