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2003S0630-1 03/13/03


By:  Carona                                                       S.B. No. 1579

A BILL TO BE ENTITLED
AN ACT
relating to software acquisitions by state agencies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter F, Chapter 2054, Government Code, is amended by adding Section 2054.114 to read as follows: Sec. 2054.114. ACQUISITION OF SOFTWARE. (a) In this section: (1) "Open source software" means software that guarantees the user, without further cost: (A) unrestricted use of the software for any purpose; (B) unrestricted access to the respective source code; (C) exhaustive inspection of the working mechanisms of the software; (D) use of the internal mechanisms and arbitrary portions of the software to adapt them to the needs of the user; (E) freedom to make and distribute copies of the software; and (F) freedom to modify the software and to distribute the modified software under the same license as the original software. (2) "Open standards" means specifications for the encoding and transfer of computer data that: (A) are available for all to read and implement; (B) do not lock the user into a particular vendor or group; (C) are free for all to implement with no royalty or fee except for a fee or fees required by the standards organization for certification of compliance; (D) do not favor one implementer over another for any reason other than the technical standards compliance of an implementation; and (E) do not prohibit the implementation of extensions but may employ license terms that prevent subversion of the standard through predatory practices. (3) "Proprietary software" means software that does not fulfill all of the guarantees provided by open source software. (b) For all new software acquisitions, a state agency shall: (1) consider acquiring open source software products in addition to proprietary software products; (2) except as provided by Subdivisions (4) and (5), acquire software products primarily on a value-for-money basis; (3) provide justification whenever a proprietary software product is acquired instead of open source software; (4) avoid the acquisition of products that do not comply with open standards for interoperability or data storage; and (5) avoid the acquisition of products that are known to make unauthorized transfers of information to, or permit unauthorized control of or modification to the state government's computer systems by, parties outside the control of the state government. SECTION 2. Section 2054.056, Government Code, is amended to read as follows: Sec. 2054.056. COMPUTER SERVICES. (a) The department may provide computer services under interagency contracts to state agencies that choose to contract with the department. (b) If the contracted service is for the acquisition of software, the department shall comply with Section 2054.114. SECTION 3. Section 2055.052, Government Code, is amended to read as follows: Sec. 2055.052. GENERAL POWERS AND DUTIES. (a) The office shall: (1) establish and support standard business practices for electronic government projects; (2) coordinate and establish standards for implementation of electronic government projects; (3) identify and incorporate best practices for electronic government projects in such areas as: (A) the procurement of hardware, software, and technology services; (B) project support; (C) implementation strategies; (D) project planning and scheduling; (E) quality assurance; (F) overall team coordination; (G) status reporting; and (H) technical standards; and (4) provide risk management and quality assurance services for electronic government projects. (b) In this section, "best practices" includes compliance with Section 2054.114. SECTION 4. Section 2155.062, Government Code, is amended by adding Subsection (e) to read as follows: (e) In purchasing software, the commission shall comply with Section 2054.114. SECTION 5. Section 2157.003, Government Code, is amended to read as follows: Sec. 2157.003. DETERMINING BEST VALUE FOR PURCHASES OF AUTOMATED INFORMATION SYSTEMS. "Best value" for purposes of this chapter means the lowest overall cost of an automated information system. In determining the lowest overall cost for a purchase or lease of an automated information system under this chapter, the commission or a state agency shall consider factors including: (1) the purchase price; (2) the compatibility to facilitate the exchange of existing data; (3) the capacity for expanding and upgrading to more advanced levels of technology; (4) quantitative reliability factors; (5) the level of training required to bring persons using the system to a stated level of proficiency; (6) the technical support requirements for the maintenance of data across a network platform and the management of the network's hardware and software; (7) the compliance with applicable Department of Information Resources statewide standards validated by criteria adopted by the department by rule; and (8) applicable factors listed in Sections 2054.114, 2155.074, and 2155.075. SECTION 6. Subsections (a) and (e), Section 2157.068, Government Code, are amended to read as follows: (a) In this section: (1) "Commodity software items" means commercial software for personal computers, including open source software, that is generally available to businesses or the public and for which the department determines that a reasonable demand exists in state agencies. (2) "Department" means the Department of Information Resources. (3) "Open source software" has the meaning assigned by Section 2054.114(a)(1). (e) The department may adopt rules regulating a purchase by a state agency of a commodity software item under this section, including a requirement that, notwithstanding other provisions of this chapter, the agency must make the purchase in accordance with a contract developed by the department unless the agency obtains a waiver from the department. Any rules adopted under this section must comply with Section 2054.114. SECTION 7. Subsection (c), Section 2157.125, Government Code, is amended to read as follows: (c) In determining which proposal under this subchapter offers the best value for the state, the commission or other state agency shall, when applicable and subject to Sections 2054.114, 2155.074, and 2155.075, consider factors including: (1) the installation cost; (2) the overall life of the system or equipment; (3) the cost of acquisition, operation, and maintenance of hardware included with, associated with, or required for the system or equipment during the state's ownership or lease; (4) the cost of acquisition, operation, and maintenance of software included with, associated with, or required for the system or equipment during the state's ownership or lease; (5) the estimated cost of other supplies needed because of the acquisition; (6) the estimated cost of employee training needed because of the acquisition; (7) the estimated cost of necessary additional permanent employees because of the acquisition; and (8) the estimated increase in employee productivity because of the acquisition. SECTION 8. Section 2177.051, Government Code, is amended by adding Subsection (i) to read as follows: (i) A contract for the procurement of software under this section shall comply with Section 2054.114. SECTION 9. Section 487.303, Government Code, is amended by adding Subsection (c) to read as follows: (c) The purchase of software under this section must be made in compliance with Section 2054.114. SECTION 10. Subsection (e), Section 531.0273, Government Code, is amended to read as follows: (e) The advisory committee appointed under Subsection (d) shall advise the commission with respect to the implementation of the commission's duties under Subsection (a)(1) and: (1) shall advise the commission about: (A) overall goals and objectives for information resources management for all health and human services agencies; (B) coordination of agency information resources management plans; (C) development of short-term and long-term strategies for: (i) implementing information resources management policies, procedures, and technical standards; and (ii) ensuring compatibility of information resources systems across health and human services agencies as technology changes; (D) information resources training and skill development for health and human services agency employees and policies to facilitate recruitment and retention of trained employees; (E) standards for determining: (i) the circumstances in which obtaining information resources services under contract is appropriate; (ii) the information resources services functions that must be performed by health and human services agency information resources services employees; and (iii) the information resources services skills that must be maintained by health and human services agency information resources services employees; (F) optimization of the use of information resources technology that is in place at health and human services agencies; and (G) existing and potential future information resources technologies and practices and the usefulness of those technologies and practices to health and human services agencies; and (2) shall review and make recommendations to the commission relating to the consolidation and improved efficiency of information resources management functions, including: (A) cooperative leasing of information resources systems equipment; (B) consolidation of data centers; (C) improved network operations; (D) technical support functions, including help desk services, call centers, and data warehouses; (E) administrative applications; (F) purchases of standard software in compliance with Section 2054.114; (G) joint training efforts; (H) recruitment and retention of trained agency employees; (I) video conferencing; and (J) other related opportunities for improved efficiency. SECTION 11. This Act takes effect January 1, 2004, and applies only to a contract for the acquisition of software by a state agency that is entered into on or after that date. A contract for the acquisition of software entered into by a state agency before January 1, 2004, is governed by the law in effect on the date the contract was entered into, and the former law is continued in effect for that purpose.