73R5109 JRD-D
By Junell, Martin, McDonald 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 Sec. 20A. AUDIT OF SOFTWARE INVENTORY, LICENSES, AND
2-17 CONTRACTS. Each state agency shall audit biennially the agency's
2-18 software inventory and the licenses and contracts related to the
2-19 inventory. The department and the attorney general on request
2-20 shall assist an agency to conduct the audit. An audit must
2-21 evaluate:
2-22 (1) whether the agency needs all the software in its
2-23 inventory;
2-24 (2) the state's rights and obligations under the
2-25 agency's software contracts and licensing agreements; and
2-26 (3) whether the agency may obtain better prices,
2-27 terms, or performance under its current or future software
3-1 contracts and licensing agreements.
3-2 SECTION 2. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended,
3-7 and that this Act take effect and be in force from and after its
3-8 passage, and it is so enacted.
3-9 COMMITTEE AMENDMENT NO. 1
3-10 House Bill 1010, Page 2, Beginning line 16, add (d), "Any
3-11 state agency, department, or institution of higher education that
3-12 can purchase or contract for a licensing agreement related to
3-13 software that is at a lower cost than that negotiated by the
3-14 department for multiagency use, may do so."
3-15 Jones of Lubbock