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 -------------------------------------------------------------------