88R5551 CXP-D
 
  By: Campbell S.B. No. 541
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the barring of certain vendors from participation in
  certain contracts with the state or a political subdivision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2155.077, Government Code, is amended by
  adding Subsection (a-3) to read as follows:
         (a-3)  The comptroller shall bar a vendor from participating
  in state contracts that are subject to this subtitle, including
  contracts for which purchasing authority is delegated to a state
  agency, if the vendor:
               (1)  is prohibited from participating in federal
  contracts under Section 889, John S. McCain National Defense
  Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232);
               (2)  contracts with an entity described by Subdivision
  (1); or
               (3)  is designated as a risk to state security by the
  governor, with advice from the Homeland Security Council, under
  rules adopted by the governor.
         SECTION 2.  Subchapter Z, Chapter 271, Local Government
  Code, is amended by adding Section 271.909 to read as follows:
         Sec. 271.909.  BARRING CERTAIN VENDORS FROM PARTICIPATION IN
  CONTRACTS. The governing body of a political subdivision by
  ordinance, order, or other measure shall bar a vendor from
  participating in contracts with the political subdivision if the
  vendor:
               (1)  is prohibited from participating in federal
  contracts under Section 889, John S. McCain National Defense
  Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232);
               (2)  contracts with an entity described by Subdivision
  (1); or
               (3)  is designated as a risk to state security by the
  governor, with advice from the Homeland Security Council, under
  rules adopted by the governor.
         SECTION 3.  The changes in law made by this Act apply only to
  a contract for which a state agency or political subdivision first
  advertises or otherwise solicits offers, bids, proposals,
  qualifications, or other applicable expressions of interest on or
  after the effective date of this Act. A contract for which a state
  agency or political subdivision first advertises or otherwise
  solicits offers, bids, proposals, qualifications, or other
  applicable expressions of interest before the effective date of
  this Act is governed by the law as it existed immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 4.  This Act takes effect September 1, 2023.