Texas § LG.270.007 - SALE OF COMPUTER SOFTWARE

§ LG.270.007. SALE OF COMPUTER SOFTWARE

SALE OF COMPUTER SOFTWARE. (a) A county may sell or license a computer software application or software system developed by the county for use by the county. A county may sell or license a computer software application or software system developed for the county by a person under contract unless the contract specifically prohibits the county from selling or licensing the application or system. (b) A county may exclusively contract with a person to market the application or system. If the original contract for development of the application or system under Subsection (a) does not include a provision for marketing the application or system, a contract under this subsection shall be awarded in compliance with Section 262.030 , concerning the alternative competitive procedure for insurance or high technology items. (c) The provisions of the open records law, Chapter 552 , Government Code, governing the cost of making copies of public records do not apply to a software application or software system subject to this section. (d) In this section, "computer software application or software system" includes documentation of the application or system, and does not include any hardware or equipment associated with the application or system. (e) Notwithstanding any other provision of this section, the provisions of this section apply only to (1) the sale or licensure of a software application or software system by a county or (2) a request under Chapter 552 , Government Code, for a computer software application or software system itself, and do not apply to the cost of production for public inspection or copying of information collected, assembled, or maintained through the use of such software, including on-line instructions on computer searches or information necessary to obtain records from county computer systems, which cost shall be governed by Subchapter F , Chapter 552 , Government Code, without regard to the cost of developing the software. Nothing in this section shall preclude header or record information, necessary for conversion and interpretation of electronic images, being made available for electronic images of public records. (f) Except as provided by Subsection (b), a county may sell or license software under this section for a price negotiated between the county and the purchaser or licensee, including another governmental entity. (g) Repealed by Acts 2003, 78th Leg., ch. 301, Sec. 12. (h) The provisions of this section shall not authorize the development by a county of any software application or software system not otherwise authorized by law. (i) A county may not develop a computer application or software system for the sole purpose of selling, licensing, or marketing the software application or software system. Added by Acts 1995, 74th Leg., ch. 758, Sec. 1, eff. Aug. 28, 1995. Amended by Acts 2003, 78th Leg., ch. 301, Sec. 10, 12, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233 ), Sec. 19, eff. June 17, 2011.