By:  Puente                                           H.B. No. 1408
       73R5492 DWS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the sale or lease of computer software by certain
    1-3  municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 253, Local Government Code, is amended by
    1-6  adding Section 253.007 to read as follows:
    1-7        Sec. 253.007.  SALE OR LEASE OF COMPUTER SOFTWARE BY CERTAIN
    1-8  MUNICIPALITIES.  (a)  This section applies only to a municipality
    1-9  that has a population of more than 900,000.
   1-10        (b)  A municipality that independently or in conjunction with
   1-11  any person develops automated information systems software may
   1-12  contract with a person for the sale, lease, marketing, or other
   1-13  distribution of the software.  Any release of municipally developed
   1-14  automated information systems software must be under a contract
   1-15  that provides that the municipality will receive a royalty, license
   1-16  right, or other appropriate compensation for developing the
   1-17  software.  The provisions of the open records law, Chapter 424,
   1-18  Acts of the 63rd Legislature, Regular Session, 1973 (Article
   1-19  6252-17a, Vernon's Texas Civil Statutes), governing the cost of
   1-20  making copies of public records do not apply to automated
   1-21  information systems software subject to a contract under this
   1-22  section.
   1-23        (c)  In this section, "automated information systems
   1-24  software" means any procedure or software that is designed,
    2-1  operated, or maintained to collect, record, process, store,
    2-2  retrieve, display, or transmit information.
    2-3        SECTION 2.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.