Section 392.409 - Performance 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.1 Tex. Admin. Code § 392.409
Adopted by Texas Register, Volume 40, Number 24, June 12, 2015, TexReg 3641, eff. 6/17/2015