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TITLE 1 - ADMINISTRATION
PART 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 392 - PURCHASE OF GOODS AND SERVICES FOR SPECIFIC HEALTH AND HUMAN SERVICES COMMISSION PROGRAMS
SUBCHAPTER E - CONTRACT MANAGEMENT FOR DSHS FACILITIES AND CENTRAL OFFICE
SECTION/RULE §392.409 - Performance Contracts and Ownership of Goods
Chapter Review Date 06/28/2024

(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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