Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 22 - USE OF STATE PROPERTY
Subchapter C - USE OF STATE INTELLECTUAL PROPERTY
Section 22.22 - Licensure
Current through Reg. 50, No. 13; March 28, 2025
(a) Policy. The department may authorize the licensure of department owned intellectual property. This section prescribes the procedure for obtaining a license.
(b) Request. A person must submit a written request for a license to the district engineer, division director, or office director with jurisdiction over the intellectual property. A request must include, but is not limited to:
(c) Approval. The district engineer, division director, or office director with jurisdiction over the intellectual property will approve the request if he or she determines that the granting of a license:
(d) Disapproval. If the department denies the request, it will provide the requestor with a written statement describing the reason for denial.
(e) Fees. The department will determine the monetary value of department intellectual property, or an equivalent nonmonetary value, and will set license fees.
(f) Agreement. Except as provided in subsection (g) of this section, if the department approves the granting of a license, the requestor must execute a written agreement with the department prior to any delivery or use of the intellectual property. The agreement will contain terms and conditions the department deems necessary to protect the department, including, but not limited to:
(g) Exception. A written license agreement is not required for department intellectual property that is downloaded from the department's Internet web site, or for the licensure of unregistered department intellectual property that is generally available to the public, including articles, maps, plans, and photographs. The department will insert in or otherwise include with the intellectual property the appropriate notice of copyright, trademark, or other notice of the department's ownership. The department may provide a requestor with a written statement that includes permission to use the intellectual property and any restrictions on the licensee's use of the intellectual property.
(h) Appeal. A requestor may appeal department denial of the license request to the executive director or designee not below the level of assistant executive director by submitting a written request for appeal. The decision of the executive director or his or her designee will be final.
(i) Public information. Requests for the licensure of department intellectual property that is determined to be public information under Government Code, Chapter 552 will be processed in accordance with Chapter 3, subchapter B of this title (relating to Public Information). Any release of intellectual property is subject to compliance with subsections (f) and (g) of this section.