(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