HB913: HB913 Administrative Service, Department of; prohibit a governmental entity from entering into contracts for the licensing of certain software applications

Right now, some software licensing contracts limit which specific computers or servers a government office can install a program on, even when the software is designed to run on ordinary, widely available hardware. This bill would stop that practice for Georgia governmental entities. The bill adds a new section to Georgia's purchasing law (O.C.G.A. § 50-5-86) covering any department, agency, board, bureau, commission, authority, county, municipal corporation, school system, or other political subdivision of the state. Under the bill, when one of these entities buys a software license, the contract cannot limit its ability to install or run that software on whatever generally available desktop or server hardware it chooses. The change would take effect as soon as the Governor signs it, and would apply to new contracts and to renewals, modifications, or extensions of existing contracts made on or after that date.

• Adds a new Code section (O.C.G.A. § 50-5-86) stopping governmental entities from signing software license contracts that restrict which hardware they can install the software on.
• Defines 'governmental entity' broadly to include state departments, agencies, boards, counties, municipalities, school systems, and other political subdivisions.
• Limits the rule to software designed to run on generally available desktop or server hardware, not specialized equipment.
• Applies the rule to new contracts and to renewals, modifications, or extensions of existing software license agreements made after the effective date.
• Sets the effective date as the date the Governor signs the bill or it otherwise becomes law without signature.

State agencies, counties, municipal governments, school systems, and other political subdivisions that purchase or renew software licenses, as well as software vendors that sell licenses to these government entities in Georgia.

Government offices could gain more flexibility to run purchased software on whichever standard computers or servers they already own, rather than being locked into specific hardware chosen by a vendor's contract terms, potentially affecting procurement costs and IT planning.

• Section 1 adds new Code section 50-5-86 to Title 50 of the Official Code of Georgia Annotated, within the state purchasing statutes.
• Subsection (a) defines 'governmental entity' to include departments, agencies, boards, bureaus, commissions, authorities, counties, municipal corporations, school systems, and other political subdivisions.
• Subsection (b) prohibits contracts for licensing software designed for generally available desktop or server hardware from limiting a governmental entity's choice of hardware to run it on.
• Section 2 sets the effective date as approval by the Governor or becoming law without approval, and applies the rule to contracts, renewals, modifications, or extensions entered into on or after that date.
• Section 3 repeals any conflicting laws.

1. 2026-02-12House Committee Favorably Reported (House)
2. 2026-01-12House Second Readers (House)
3. 2025-04-04House First Readers (House)
4. 2025-04-02House Hopper (House)

• Tim Fleming (R, HD-114)Primary sponsor
• Joseph Gullett (R, HD-019)
• Scott Holcomb (D, HD-101)
• Matt Reeves (R, HD-099)
• Omari Crawford (D, HD-089)

• state government contracts
• software licensing
• IT procurement
• public agency purchasing