BILL ANALYSIS



H.B. 960
By: Puente
04-04-95
Committee Report (Unamended)


BACKGROUND

Under current law, counties may not sell or market the software
they either develop themselves or contract a private entity to
develop for them.  Cities have been given the right   to sell or
market the software they develop.  This enables them to enjoy a
return from the often large investment needed for the development
of software.  Under current law, software developed by a county may
be obtained as public information.  This discourages counties from
making the necessary investment to develop useful software.  


PURPOSE

House Bill 960 would authorize counties to sell and market county-developed computer software.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1: Amends Chapter 270 of the Government Code by adding
Section 270.007.  Subsection (a) would allow counties to sell or
license software they have either developed themselves or have
contracted to have developed for them.  Subsection (b) provides
that the county may market the software.  Subsection (c) stipulates
that software subject to this section is not subject to the
provisions of the open records law governing the cost of making
copies.  Subsection (d) specifies that documentation of the
software system is included in this provision.

SECTION 2: Emergency Clause.      


SUMMARY OF COMMITTEE ACTION

HB 960 was considered by the County Affairs Committee in a public
hearing on 2/22/95. Representative Puente opened. The following
people testified for HB 960: Donald Lee, representing The
Conference of Urban Counties; and Dennis Lindquist, representing
Bexar County as the Director of Information Services; and Mark
Mendez, representing the Tarrant County Commissioners Court; and
Steve Jennings, representing Harris County. Representative Puente
closed. HB 960 was left pending. HB 960 was laid out as pending
business and considered in a public hearing on 3/29/95. HB 960 was
reported favorably with the recommendation that it do pass and be
printed, by a record vote of 8 ayes, 0 nays, 0 pnv, 1 absent.