Sec Form 4 Filing - TINSLEY TOM C @ BMC SOFTWARE INC - 2013-05-29

FORM 4 Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940

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1. Name and Address of Reporting Person TINSLEY TOM C 2. Issuer Name and Ticker or Trading Symbol BMC SOFTWARE INC [ BMC] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) X __ Director _____ 10% Owner _____ Officer (give title below) _____ Other (specify below) (Last) (First) (Middle) 2101 CITYWEST BLVD. 3. Date of Earliest Transaction (MM/DD/YY) 05/29/2013 (Street) HOUSTON, TX77042 4. If Amendment, Date Original Filed (MM/DD/YY) 6. Individual or Joint/Group Filing (Check Applicable Line) __ X __ Form filed by One Reporting Person _____ Form filed by More than One Reporting Person (City) (State) (Zip)

Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned 1.Title of Security (Instr. 3) 2. Transaction Date (MM/DD/YY) 2A. Deemed Execution Date, if any (MM/DD/YY) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (D) Price Common Stock 05/29/2013 S 13,347 D $ 45.305 ( 1 ) 7,383 D Common Stock 05/29/2013 M 10,000 A $ 20.565 17,383 D Common Stock 05/29/2013 S 10,000 D $ 45.34 ( 2 ) 7,383 D Common Stock 05/29/2013 M 30,000 A $ 26.125 37,383 D Common Stock 05/29/2013 S 30,000 D $ 45.332 ( 3 ) 7,383 D Common Stock 05/29/2013 M 30,000 A $ 29.03 37,383 D Common Stock 05/29/2013 S 30,000 D $ 45.307 ( 4 ) 7,383 D Common Stock 05/29/2013 M 30,000 A $ 36.84 37,383 D Common Stock 05/29/2013 S 30,000 D $ 45.304 ( 5 ) 7,383 D

Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible securities) 1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (MM/DD/YY) 3A. Deemed Execution Date, if any (MM/DD/YY) 4. Transaction Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4, and 5) 6. Date Exercisable and Expiration Date (MM/DD/YY) 7. Title and Amount of Underlying Securities (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares Nonemployee Director Stock Option (Right to Buy) ( 6 ) $ 20.565 05/29/2013 M 10,000 08/23/2006 08/23/2015 Common Stock 10,000 $ 0 0 D Nonemployee Director Stock Option (Right to Buy) ( 7 ) $ 26.125 05/29/2013 M 30,000 ( 8 ) 08/22/2016 Common Stock 30,000 $ 0 0 D Nonemployee Director Stock Option (Right to Buy) ( 7 ) $ 29.03 05/29/2013 M 30,000 ( 9 ) 08/21/2017 Common Stock 30,000 $ 0 0 D Nonemployee Director Stock Option (Right to Buy) ( 10 ) $ 36.84 05/29/2013 M 30,000 ( 11 ) 07/22/2014 Common Stock 30,000 $ 0 0 D

Reporting Owners Reporting Owner Name / Address Relationships Director 10% Owner Officer Other TINSLEY TOM C 2101 CITYWEST BLVD. HOUSTON, TX77042 X Signatures Christopher C. Chaffin, Attorney-in-Fact for Tom C. Tinsley 05/30/2013 Signature of Reporting Person Date

Explanation of Responses:

( 1 )This transaction was executed in multiple trades at prices ranging from $45.30 to $45.32. The price reported above reflects the weighted average purchase price. The reporting person hereby undertakes to provide upon request to the SEC staff, the issuer or a security holder of the issuer full information regarding the number of shares and prices at which the transactions were effected. ( 2 )This transaction was executed in multiple trades at prices ranging from $45.33 to $45.36. The price reported above reflects the weighted average purchase price. The reporting person hereby undertakes to provide upon request to the SEC staff, the issuer or a security holder of the issuer full information regarding the number of shares and prices at which the transactions were effected. ( 3 )This transaction was executed in multiple trades at prices ranging from $45.32 to $45.34. The price reported above reflects the weighted average purchase price. The reporting person hereby undertakes to provide upon request to the SEC staff, the issuer or a security holder of the issuer full information regarding the number of shares and prices at which the transactions were effected. ( 4 )This transaction was executed in multiple trades at prices ranging from $45.30 to $45.34. The price reported above reflects the weighted average purchase price. The reporting person hereby undertakes to provide upon request to the SEC staff, the issuer or a security holder of the issuer full information regarding the number of shares and prices at which the transactions were effected. ( 5 )This transaction was executed in multiple trades at prices ranging from $45.30 to $45.34. The price reported above reflects the weighted average purchase price. The reporting person hereby undertakes to provide upon request to the SEC staff, the issuer or a security holder of the issuer full information regarding the number of shares and prices at which the transactions were effected. ( 6 )Stock option grant under BMC Software, Inc. 2002 Nonemployee Director Stock Option Plan, a 16b-3 Plan. ( 7 )Stock option grant under BMC Software, Inc. 1994 Employee Incentive Plan. ( 8 )Such options shall vest fully after one year provided that if the subsequent annual meeting of stockholders is held prior to the one year anniversary of the 2006 Annual Meeting such options shall vest on the date of such meeting. ( 9 )Such options shall vest fully after one year provided that if the subsequent annual meeting of stockholders is held prior to the one year anniversary of the 2007 Annual Meeting such options shall vest on the date of such meeting. ( 10 )Stock option grant under BMC Software, Inc. 1994 Employee Incentive Plan. ( 11 )Such option shall vest fully after one year provided that the subsequent annual meeting of stockholders is held prior to the one year anniversary of the 2008 Annual Meeting such options shall vest on the date of such meeting.

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* If the form is filed by more than one reporting person, see Instruction 4(b)(v).

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