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TITLE 1ADMINISTRATION
PART 15TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 392PURCHASE OF GOODS AND SERVICES FOR SPECIFIC HEALTH AND HUMAN SERVICES COMMISSION PROGRAMS
SUBCHAPTER ECONTRACT MANAGEMENT FOR DSHS FACILITIES AND CENTRAL OFFICE
RULE §392.409Performance Contracts and Ownership of Goods

(a) If a performance contract provision requires the local authority to acquire a good through a subcontract, then the performance contract provision must identify the local authority or DSHS as the owner of the good.

(b) If a performance contract provision requires the local authority to subcontract with a business entity to develop or create intellectual property (e.g., computer software), then the performance contract provision must state the requirements to be included in the subcontract that relate to:

  (1) ownership of the intellectual property;

  (2) DSHS's and/or the local authority's right to use, modify, reproduce, or disseminate the intellectual property to others; and

  (3) indemnity of the local authority and DSHS should the subcontractor violate the intellectual property rights of a third party.


Source Note: The provisions of this §392.409 adopted to be effective June 17, 2015, 40 TexReg 3638

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