| 1 | 1 | | 86R6527 AAF-F |
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| 2 | 2 | | By: Capriglione H.B. No. 1352 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requirements for vendors providing certain services |
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| 8 | 8 | | involving computers to governmental entities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
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| 11 | 11 | | amended by adding Section 2252.909 to read as follows: |
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| 12 | 12 | | Sec. 2252.909. REQUIREMENTS FOR CERTAIN CONTRACTS |
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| 13 | 13 | | INVOLVING COMPUTERS. (a) In this section, "governmental entity" |
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| 14 | 14 | | has the meaning assigned by Section 2252.001. |
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| 15 | 15 | | (b) This section applies only to a contract with a value of |
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| 16 | 16 | | $100,000 or more. |
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| 17 | 17 | | (c) A governmental entity that contracts with a vendor at an |
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| 18 | 18 | | hourly rate for professional or technical information technology |
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| 19 | 19 | | services performed using a computer shall require the vendor to use |
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| 20 | 20 | | software that verifies the work performed during the hours billed. |
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| 21 | 21 | | (d) Software required by Subsection (c) must: |
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| 22 | 22 | | (1) allow the governmental entity or an auditor of the |
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| 23 | 23 | | entity to have real-time and retroactive access to data to verify |
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| 24 | 24 | | the hours of work performed under the contract by the vendor using a |
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| 25 | 25 | | computer; |
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| 26 | 26 | | (2) automatically track total keystroke frequency and |
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| 27 | 27 | | computer mouse movement; |
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| 28 | 28 | | (3) capture an image of the computer screen at least |
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| 29 | 29 | | once every three minutes; |
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| 30 | 30 | | (4) provide continuous, automated updates of the |
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| 31 | 31 | | real-time cost for each task being performed by the vendor using a |
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| 32 | 32 | | computer; |
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| 33 | 33 | | (5) allow the governmental entity to provide immediate |
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| 34 | 34 | | feedback to the vendor on the progress of the work being performed |
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| 35 | 35 | | by the vendor using a computer; |
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| 36 | 36 | | (6) protect all data that is private or confidential; |
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| 37 | 37 | | and |
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| 38 | 38 | | (7) be purchased by the vendor from a third-party |
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| 39 | 39 | | entity. |
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| 40 | 40 | | (e) Any data collected by the software system is considered |
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| 41 | 41 | | accounting records of the vendor. The vendor shall retain the data |
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| 42 | 42 | | for at least seven years and shall provide the contracting |
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| 43 | 43 | | governmental entity or an auditor of the entity access to the data |
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| 44 | 44 | | on request free of charge. |
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| 45 | 45 | | SECTION 2. The change in law made by this Act applies only |
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| 46 | 46 | | to a contract for professional or technical services that is |
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| 47 | 47 | | entered into on or after the effective date of this Act. A contract |
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| 48 | 48 | | entered into before the effective date of this Act is governed by |
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| 49 | 49 | | the law in effect on the date the contract was entered into, and the |
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| 50 | 50 | | former law is continued in effect for that purpose. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2019. |
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