| |
| |
|
|
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. |