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                               * * * * *