1-1 By: Puente (Senate Sponsor - Madla) H.B. No. 960 1-2 (In the Senate - Received from the House April 24, 1995; 1-3 April 25, 1995, read first time and referred to Committee on 1-4 Intergovernmental Relations; May 17, 1995, reported adversely, with 1-5 favorable Committee Substitute by the following vote: Yeas 8, Nays 1-6 1; May 17, 1995, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 960 By: Madla 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to authorizing counties to sell county-developed computer 1-11 software. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 270, Local Government Code, is amended by 1-14 adding Section 270.007 to read as follows: 1-15 Sec. 270.007. SALE OF COMPUTER SOFTWARE. (a) A county may 1-16 sell or license a computer software application or software system 1-17 developed by the county for use by the county. A county may sell 1-18 or license a computer software application or software system 1-19 developed for the county by a person under contract unless the 1-20 contract specifically prohibits the county from selling or 1-21 licensing the application or system. 1-22 (b) Not withstanding the provisions of subsections (f) and 1-23 (g), a county may exclusively contract with a person to market the 1-24 application or system. A contract under this subsection shall be 1-25 awarded only in compliance with Section 262.030, Local Government 1-26 Code, concerning the Alternative Competitive Procedure for 1-27 Insurance or High Technology Items. 1-28 (c) The provisions of the open records law, Chapter 552, 1-29 Government Code, governing the cost of making copies of public 1-30 records do not apply to a software application or software system 1-31 subject to this section. 1-32 (d) In this section, "computer software application or 1-33 software system" includes documentation of the application or 1-34 system, and does not include any hardware or equipment associated 1-35 with the application or system. 1-36 (e) Notwithstanding any other provision of this section, the 1-37 provisions of this section apply only to (1) the sale or licensure 1-38 of a software application or software system by a county or (2) a 1-39 request under Chapter 552, Government Code, for a computer software 1-40 application or software system itself, and do not apply to the cost 1-41 of production for public inspection or copying of information 1-42 collected, assembled, or maintained through the use of such 1-43 software, including on-line instructions on computer searches or 1-44 information necessary to obtain records from county computer 1-45 systems, which cost shall be governed by Subchapter F, Chapter 552, 1-46 Government Code, without regard to the cost of developing the 1-47 software. Nothing in this section shall preclude header or record 1-48 information, necessary for conversion and interpretation of 1-49 electronic images, being made available for electronic images of 1-50 public records. 1-51 (f) Except as provided by subsection (b), upon request of 1-52 any person, a county shall sell or license software under this 1-53 section for a price negotiated between the county and the person, 1-54 not to exceed the developmental cost to the county. Developmental 1-55 cost shall only include costs incurred under a contract to procure 1-56 the software or direct employee costs incurred to develop the 1-57 software. This subsection does not apply to any county software 1-58 that protects county computer systems from unauthorized use or 1-59 access. 1-60 (g) Except as provided by subsection (b), a county shall 1-61 sell or license software under subsection (f) to any person for the 1-62 same consideration that the county has sold or licensed the 1-63 software to another person. 1-64 (h) The provisions of this section shall not authorize the 1-65 development by a county of any software application or software 1-66 system not otherwise authorized by law. 1-67 (i) A county may not develop a computer application or 1-68 software system for the purpose of selling, licensing, or marketing 2-1 the software application or software system. 2-2 SECTION 2. The importance of this legislation and the 2-3 crowded condition of the calendars in both houses create an 2-4 emergency and an imperative public necessity that the 2-5 constitutional rule requiring bills to be read on three several 2-6 days in each house be suspended, and this rule is hereby suspended, 2-7 and that this Act take effect and be in force from and after its 2-8 passage, and it is so enacted. 2-9 * * * * *