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AN ACT
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relating to certain contracts regarding airports operated by or on |
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behalf of a local 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. CERTAIN AIRPORT INFRASTRUCTURE OR EQUIPMENT |
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CONTRACTS. (a) This section applies only to an airport |
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infrastructure or equipment contract for the procurement of a |
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passenger boarding bridge at 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 the People's |
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Republic of China; |
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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); or |
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(3) any entity that has entered into an agreement with |
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or accepted funding from an entity described by Subdivision (1) or |
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(2), whether in the form of a minority investment interest, debt, |
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partnership, or other contractual or written agreement. |
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(c) An airport infrastructure or equipment contract entered |
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into by a local government or a person operating an airport on |
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behalf of a local government must contain a written statement by the |
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entity with which the local government or person is contracting |
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verifying that the entity is not an entity described by Subsection |
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(b)(1), (2), or (3). |
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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, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1260 passed the Senate on |
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April 12, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1260 passed the House on |
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May 9, 2023, by the following vote: Yeas 140, Nays 2, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |