86R6527 AAF-F
By: Capriglione H.B. No. 1352
A BILL TO BE ENTITLED
AN ACT
relating to requirements for vendors providing certain services
involving computers to governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 2252, Government Code, is
amended by adding Section 2252.909 to read as follows:
Sec. 2252.909. REQUIREMENTS FOR CERTAIN CONTRACTS
INVOLVING COMPUTERS. (a) In this section, "governmental entity"
has the meaning assigned by Section 2252.001.
(b) This section applies only to a contract with a value of
$100,000 or more.
(c) A governmental entity that contracts with a vendor at an
hourly rate for professional or technical information technology
services performed using a computer shall require the vendor to use
software that verifies the work performed during the hours billed.
(d) Software required by Subsection (c) must:
(1) allow the governmental entity or an auditor of the
entity to have real-time and retroactive access to data to verify
the hours of work performed under the contract by the vendor using a
computer;
(2) automatically track total keystroke frequency and
computer mouse movement;
(3) capture an image of the computer screen at least
once every three minutes;
(4) provide continuous, automated updates of the
real-time cost for each task being performed by the vendor using a
computer;
(5) allow the governmental entity to provide immediate
feedback to the vendor on the progress of the work being performed
by the vendor using a computer;
(6) protect all data that is private or confidential;
and
(7) be purchased by the vendor from a third-party
entity.
(e) Any data collected by the software system is considered
accounting records of the vendor. The vendor shall retain the data
for at least seven years and shall provide the contracting
governmental entity or an auditor of the entity access to the data
on request free of charge.
SECTION 2. The change in law made by this Act applies only
to a contract for professional or technical services that is
entered into on or after the effective date of this Act. A contract
entered into before the effective date of this Act 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.
SECTION 3. This Act takes effect September 1, 2019.