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A BILL TO BE ENTITLED
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AN ACT
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relating to the barring of certain vendors from participation in |
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contracts with the state or a political subdivision and to |
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prohibiting the use of technologies manufactured or sold by certain |
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of those vendors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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by adding Chapter 620 to read as follows: |
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CHAPTER 620. USE OF CERTAIN TECHNOLOGIES BY GOVERNMENTAL ENTITY |
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PROHIBITED |
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Sec. 620.001. DEFINITION. In this chapter, "governmental |
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entity" means: |
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(1) a department, commission, board, office, or other |
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agency that is in the executive or legislative branch of state |
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government and that was created by the constitution or a statute, |
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including an institution of higher education as defined by Section |
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61.003, Education Code; |
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(2) the supreme court, the court of criminal appeals, |
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a court of appeals, or the Texas Judicial Council or another agency |
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in the judicial branch of state government; or |
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(3) a political subdivision of this state, including a |
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municipality, county, or special purpose district. |
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Sec. 620.002. PROHIBITION. A governmental entity shall |
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adopt a policy prohibiting the installation or use by the |
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governmental entity of a technology manufactured or sold by an |
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entity prohibited from participating in federal contracts under |
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Section 889, John S. McCain National Defense Authorization Act for |
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Fiscal Year 2019 (Pub. L. No. 115-232), as it existed on January 1, |
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2023. |
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SECTION 2. Section 2155.077, Government Code, is amended by |
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adding Subsection (a-3) to read as follows: |
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(a-3) The comptroller shall bar a vendor from participating |
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in state contracts that are subject to this subtitle, including |
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contracts for which purchasing authority is delegated to a state |
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agency, if the vendor: |
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(1) is prohibited from participating in federal |
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contracts under Section 889, John S. McCain National Defense |
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Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232), as it |
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existed on January 1, 2023; |
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(2) contracts with an entity described by Subdivision |
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(1) to provide products or services to this state; or |
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(3) is designated as a risk to state security by the |
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Homeland Security Council, with advice from the governor, unless |
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the federal government has determined that the vendor does not pose |
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a risk to national security. |
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SECTION 3. Subchapter Z, Chapter 271, Local Government |
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Code, is amended by adding Section 271.909 to read as follows: |
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Sec. 271.909. BARRING CERTAIN VENDORS FROM PARTICIPATION IN |
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CONTRACTS. The governing body of a political subdivision by |
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ordinance, order, or other measure shall bar a vendor from |
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participating in contracts with the political subdivision if the |
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vendor: |
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(1) is prohibited from participating in federal |
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contracts under Section 889, John S. McCain National Defense |
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Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232), as it |
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existed on January 1, 2023; |
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(2) contracts with an entity described by Subdivision |
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(1) to provide products or services to this state; or |
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(3) is designated as a risk to state security by the |
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Homeland Security Council, with advice from the governor, unless |
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the federal government has determined that the vendor does not pose |
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a risk to national security. |
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SECTION 4. Section 421.026, Government Code, is amended to |
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read as follows: |
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Sec. 421.026. REPORTS [REPORT]. (a) The council shall |
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annually submit to the governor a report stating: |
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(1) the status and funding of state programs designed |
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to detect and deter homeland security emergencies, including the |
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status and funding of counterterrorism efforts; |
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(2) recommendations on actions to reduce threats to |
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homeland security, including threats related to terrorism; and |
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(3) recommendations for improving the alert, |
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response, and recovery capabilities of state and local agencies. |
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(b) The council shall submit a report to the legislature |
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identifying each vendor designated as a risk to state security for |
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purposes of barring the vendor from participating in contracts |
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under Section 2155.077(a-3)(3) of this code and Section 271.909(3), |
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Local Government Code. The council shall submit an update to the |
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report under this subsection each time the council designates a |
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vendor as a risk to state security. |
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SECTION 5. Not later than November 1, 2023, each |
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governmental entity shall adopt the policy required by Chapter 620, |
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Government Code, as added by this Act. |
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SECTION 6. The changes in law made by this Act apply only to |
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a contract for which a state agency or political subdivision first |
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advertises or otherwise solicits offers, bids, proposals, |
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qualifications, or other applicable expressions of interest on or |
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after the effective date of this Act. A contract for which a state |
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agency or political subdivision first advertises or otherwise |
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solicits offers, bids, proposals, qualifications, or other |
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applicable expressions of interest before the effective date of |
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this Act is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 7. This Act takes effect September 1, 2023. |