H.B. No. 960 1-1 AN ACT 1-2 relating to authorizing counties to sell county-developed computer 1-3 software. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 270, Local Government Code, is amended by 1-6 adding Section 270.007 to read as follows: 1-7 Sec. 270.007. SALE OF COMPUTER SOFTWARE. (a) A county may 1-8 sell or license a computer software application or software system 1-9 developed by the county for use by the county. A county may sell 1-10 or license a computer software application or software system 1-11 developed for the county by a person under contract unless the 1-12 contract specifically prohibits the county from selling or 1-13 licensing the application or system. 1-14 (b) Notwithstanding the provisions of Subsections (f) and 1-15 (g), a county may exclusively contract with a person to market the 1-16 application or system. A contract under this subsection shall be 1-17 awarded only in compliance with Section 262.030, Local Government 1-18 Code, concerning the alternative competitive procedure for 1-19 insurance or high technology items. 1-20 (c) The provisions of the open records law, Chapter 552, 1-21 Government Code, governing the cost of making copies of public 1-22 records do not apply to a software application or software system 1-23 subject to this section. 1-24 (d) In this section, "computer software application or 2-1 software system" includes documentation of the application or 2-2 system, and does not include any hardware or equipment associated 2-3 with the application or system. 2-4 (e) Notwithstanding any other provision of this section, the 2-5 provisions of this section apply only to (1) the sale or licensure 2-6 of a software application or software system by a county or (2) a 2-7 request under Chapter 552, Government Code, for a computer software 2-8 application or software system itself, and do not apply to the cost 2-9 of production for public inspection or copying of information 2-10 collected, assembled, or maintained through the use of such 2-11 software, including on-line instructions on computer searches or 2-12 information necessary to obtain records from county computer 2-13 systems, which cost shall be governed by Subchapter F, Chapter 552, 2-14 Government Code, without regard to the cost of developing the 2-15 software. Nothing in this section shall preclude header or record 2-16 information, necessary for conversion and interpretation of 2-17 electronic images, being made available for electronic images of 2-18 public records. 2-19 (f) Except as provided by Subsection (b), upon request of 2-20 any person, a county shall sell or license software under this 2-21 section for a price negotiated between the county and the person, 2-22 not to exceed the developmental cost to the county. Developmental 2-23 cost shall only include costs incurred under a contract to procure 2-24 the software or direct employee costs incurred to develop the 2-25 software. This subsection does not apply to any county software 2-26 that protects county computer systems from unauthorized use or 2-27 access. 3-1 (g) Except as provided by Subsection (b), a county shall 3-2 sell or license software under Subsection (f) to any person for the 3-3 same consideration that the county has sold or licensed the 3-4 software to another person. 3-5 (h) The provisions of this section shall not authorize the 3-6 development by a county of any software application or software 3-7 system not otherwise authorized by law. 3-8 (i) A county may not develop a computer application or 3-9 software system for the purpose of selling, licensing, or marketing 3-10 the software application or software system. 3-11 SECTION 2. The importance of this legislation and the 3-12 crowded condition of the calendars in both houses create an 3-13 emergency and an imperative public necessity that the 3-14 constitutional rule requiring bills to be read on three several 3-15 days in each house be suspended, and this rule is hereby suspended, 3-16 and that this Act take effect and be in force from and after its 3-17 passage, and it is so enacted.