By Harris S.B. No. 442 75R4863 JRD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to requiring that contractors and subcontractors disclose 1-3 the status of their licenses, permits, and certificates to certain 1-4 state agencies. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 2252, Government Code, is amended by 1-7 adding Subchapter D to read as follows: 1-8 SUBCHAPTER D. DISCLOSURE OF LICENSING STATUS 1-9 Sec. 2252.081. DEFINITION. In this subchapter, "state 1-10 agency" has the meaning assigned by Section 2151.002. 1-11 Sec. 2252.082. DISCLOSURE OF LICENSING INFORMATION IN BID OR 1-12 PROPOSAL. (a) A state agency shall require that each bidder or 1-13 proposal offeror for a contract with the agency and each intended 1-14 subcontractor of a bidder or offeror: 1-15 (1) disclose in the bid or proposal the current status 1-16 of any license, certificate, or other permit the bidder, offeror, 1-17 or subcontractor is required to have to perform under the contract; 1-18 and 1-19 (2) certify, if true, in the bid or proposal that the 1-20 license, certificate, or other permit has not expired or been 1-21 suspended or revoked. 1-22 (b) A state agency shall include in its requests for bids or 1-23 proposals a statement about the applicability of relevant criminal 1-24 law, including Section 37.10, Penal Code, to presenting information 2-1 and documentation to the agency in connection with a bid or 2-2 proposal. A state agency shall refer to the appropriate 2-3 authorities for investigation or prosecution any suspected 2-4 violation of relevant criminal law, including Section 37.10, Penal 2-5 Code, related to presenting information and documentation to the 2-6 agency in connection with a bid, proposal, or contract. 2-7 Sec. 2252.083. DISCLOSURE OF LICENSING INFORMATION DURING 2-8 CONTRACT PERFORMANCE. A state agency shall include in all its 2-9 contracts for goods or services a provision that requires the 2-10 contractor and subcontractors under the contract to promptly inform 2-11 the agency during the term of the contract: 2-12 (1) of any proposed or final action to revoke, 2-13 suspend, or take any other disciplinary action in connection with, 2-14 a license, certificate, or other permit that the contractor or 2-15 subcontractor is required to have to perform under the contract; 2-16 and 2-17 (2) whether the license, certificate, or other permit 2-18 has expired. 2-19 SECTION 2. This Act takes effect September 1, 1997. 2-20 SECTION 3. The importance of this legislation and the 2-21 crowded condition of the calendars in both houses create an 2-22 emergency and an imperative public necessity that the 2-23 constitutional rule requiring bills to be read on three several 2-24 days in each house be suspended, and this rule is hereby suspended.