By Junell, McDonald, Martin H.B. No. 1010 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the state's use and acquisition of information 1-3 technologies. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. The Information Resources Management Act (Article 1-6 4413(32j), Revised Statutes) is amended by adding Sections 10A, 1-7 13A, 18A, and 20A to read as follows: 1-8 Sec. 10A. INTERAGENCY LICENSING ADVISORY COMMITTEE. The 1-9 department shall appoint an advisory committee composed of state 1-10 agency purchasing, technical, and legal experts for the purpose of 1-11 studying and making recommendations about matters related to the 1-12 licensing of information resources technologies. 1-13 Sec. 13A. COST REDUCTION PLAN. (a) The department, with 1-14 the assistance of appropriate state agencies, shall prepare a 1-15 comprehensive plan that identifies actions the state can take 1-16 because of its purchasing power to reduce the cost of acquiring and 1-17 maintaining information resources technologies. The plan must 1-18 include specific recommendations for reducing costs and a timetable 1-19 for implementing the recommendations. To the extent allowed by 1-20 law, the department and each state agency, as appropriate, shall 1-21 implement the recommendations. 1-22 (b) The department shall complete the plan not later than 1-23 December 1, 1993, and shall promptly send a copy of the completed 1-24 plan to the governor, the Legislative Budget Board, and appropriate 2-1 state agencies. 2-2 (c) This section expires September 1, 1995. 2-3 Sec. 18A. COORDINATED NEGOTIATIONS FOR SOFTWARE. (a) A 2-4 state agency shall inform the department and the attorney general 2-5 when the agency intends to negotiate a contract or a licensing 2-6 agreement under which the agency will grant or receive a right 2-7 related to software. 2-8 (b) The agency shall send a proposed contract or license 2-9 related to software to the department and to the attorney general 2-10 for review and comment before the agency enters into the contract 2-11 or licensing agreement. 2-12 (c) The department, attorney general, and state agencies 2-13 shall enter into coordinated multiagency negotiations to obtain 2-14 software whenever possible to take advantage of the state's volume 2-15 purchasing power. 2-16 (d) Any state agency, department, or institution of higher 2-17 education that can purchase or contract for a licensing agreement 2-18 related to software that is at a lower cost than that negotiated by 2-19 the department for multiagency use, may do so. 2-20 Sec. 20A. AUDIT OF SOFTWARE INVENTORY, LICENSES, AND 2-21 CONTRACTS. Each state agency shall audit biennially the agency's 2-22 software inventory and the licenses and contracts related to the 2-23 inventory. The department and the attorney general on request 2-24 shall assist an agency to conduct the audit. An audit must 2-25 evaluate: 2-26 (1) whether the agency needs all the software in its 2-27 inventory; 3-1 (2) the state's rights and obligations under the 3-2 agency's software contracts and licensing agreements; and 3-3 (3) whether the agency may obtain better prices, 3-4 terms, or performance under its current or future software 3-5 contracts and licensing agreements. 3-6 SECTION 2. The importance of this legislation and the 3-7 crowded condition of the calendars in both houses create an 3-8 emergency and an imperative public necessity that the 3-9 constitutional rule requiring bills to be read on three several 3-10 days in each house be suspended, and this rule is hereby suspended, 3-11 and that this Act take effect and be in force from and after its 3-12 passage, and it is so enacted.