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A BILL TO BE ENTITLED
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AN ACT
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relating to certain contracts regarding airports and associated air |
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navigation facilities operated by or on behalf of a local |
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government. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.019, Transportation Code, is amended |
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to read as follows: |
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Sec. 22.019. CONTRACTS. Except as provided by Section |
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22.0191, a [A] local government may enter into a contract necessary |
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to the execution of a power granted the local government and for a |
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purpose provided by this chapter. |
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SECTION 2. Subchapter B, Chapter 22, Transportation Code, |
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is amended by adding Section 22.0191 to read as follows: |
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Sec. 22.0191. AIRPORT INFRASTRUCTURE OR EQUIPMENT |
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CONTRACTS. (a) In this section, "airport infrastructure or |
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equipment contract" means a contract for the acquisition, |
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construction, improvement, or renovation of airport infrastructure |
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or equipment, including a terminal, security system, or passenger |
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boarding bridge, used at an airport or an air navigation facility |
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associated with an airport. |
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(b) A local government or a person operating an airport on |
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behalf of a local government may not enter into an airport |
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infrastructure or equipment contract with: |
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(1) an entity that: |
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(A) a federal court determines has |
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misappropriated intellectual property or trade secrets from |
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another entity organized under federal, state, or local law; and |
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(B) is owned wholly or partly by, is controlled |
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by, or receives subsidies from the government of a country that: |
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(i) is identified under Section 182, Trade |
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Act of 1974 (19 U.S.C. Section 2242), as a priority foreign country; |
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or |
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(ii) is subject to monitoring by the Office |
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of the United States Trade Representative in accordance with |
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Section 306, Trade Act of 1974 (19 U.S.C. Section 2416); or |
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(2) any entity that owns, controls, is owned or |
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controlled by, is under common ownership with, or is a successor to |
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an entity described by Subdivision (1). |
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(c) An airport infrastructure or equipment contract for |
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goods or services entered into by a local government or a person |
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operating an airport on behalf of a local government must contain a |
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written statement by the entity with which the local government or |
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person is contracting verifying that the entity is not an entity |
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described by Subsection (b)(1) or (2). |
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(d) If the written statement required in an airport |
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infrastructure or equipment contract under Subsection (c) is found |
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to be false, the contract is voidable by the local government or |
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person operating the airport. |
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SECTION 3. Section 22.0191, Transportation Code, as added |
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by this Act, applies only to an airport infrastructure or equipment |
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contract entered into, modified, or renewed on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |