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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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certain contracts with the state or a political subdivision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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); |
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(2) contracts with an entity described by Subdivision |
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(1); or |
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(3) is designated as a risk to state security by the |
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governor, with advice from the Homeland Security Council, under |
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rules adopted by the governor. |
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SECTION 2. 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); |
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(2) contracts with an entity described by Subdivision |
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(1); or |
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(3) is designated as a risk to state security by the |
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governor, with advice from the Homeland Security Council, under |
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rules adopted by the governor. |
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SECTION 3. 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 4. This Act takes effect September 1, 2023. |