1-1 By: Puente (Senate Sponsor - Madla) H.B. No. 1408
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 12, 1993, reported favorably by
1-5 the following vote: Yeas 7, Nays 0; May 12, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the sale or lease of computer software by certain
1-23 municipalities.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Chapter 253, Local Government Code, is amended by
1-26 adding Section 253.007 to read as follows:
1-27 Sec. 253.007. SALE OR LEASE OF COMPUTER SOFTWARE BY CERTAIN
1-28 MUNICIPALITIES. (a) This section applies only to a municipality
1-29 that has a population of more than 5,000.
1-30 (b) A municipality that independently or in conjunction with
1-31 any person develops automated information systems software may
1-32 contract with a person for the sale, lease, marketing, or other
1-33 distribution of the software. Any release of municipally developed
1-34 automated information systems software must be under a contract
1-35 that provides that the municipality will receive a royalty, license
1-36 right, or other appropriate compensation for developing the
1-37 software. The provisions of the open records law, Chapter 424,
1-38 Acts of the 63rd Legislature, Regular Session, 1973 (Article
1-39 6252-17a, Vernon's Texas Civil Statutes), governing the cost of
1-40 making copies of public records do not apply to automated
1-41 information systems software subject to a contract under this
1-42 section.
1-43 (c) In this section, "automated information systems
1-44 software" means any procedure or software that is designed,
1-45 operated, or maintained to collect, record, process, store,
1-46 retrieve, display, or transmit information.
1-47 SECTION 2. The importance of this legislation and the
1-48 crowded condition of the calendars in both houses create an
1-49 emergency and an imperative public necessity that the
1-50 constitutional rule requiring bills to be read on three several
1-51 days in each house be suspended, and this rule is hereby suspended.
1-52 * * * * *
1-53 Austin,
1-54 Texas
1-55 May 12, 1993
1-56 Hon. Bob Bullock
1-57 President of the Senate
1-58 Sir:
1-59 We, your Committee on Intergovernmental Relations to which was
1-60 referred H.B. No. 1408, have had the same under consideration, and
1-61 I am instructed to report it back to the Senate with the
1-62 recommendation that it do pass and be printed.
1-63 Armbrister,
1-64 Chairman
1-65 * * * * *
1-66 WITNESSES
1-67 FOR AGAINST ON
1-68 ___________________________________________________________________
2-1 Name: Joe Paniagua x
2-2 Representing: City of Plano
2-3 City: Fort Worth
2-4 -------------------------------------------------------------------
2-5 Name: John Hrncir x
2-6 Representing: City of Austin
2-7 City: Austin
2-8 -------------------------------------------------------------------
2-9 Name: James McCarley x
2-10 Representing: City of Plano, City of Managr
2-11 City: Plano
2-12 -------------------------------------------------------------------
2-13 Name: Frank Stromboe x
2-14 Representing: Self
2-15 City: San Antonio
2-16 -------------------------------------------------------------------