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.