By Burnam                                             H.B. No. 3087
         77R8082 MXM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prohibiting procurement by the state of goods created
 1-3     using child or forced labor.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter A, Chapter 2155, Government Code, is
 1-6     amended by adding Section 2155.0045 to read as follows:
 1-7           Sec. 2155.0045.  BIDS OR CONTRACTS FOR GOODS MADE BY CHILD OR
 1-8     FORCED LABOR PROHIBITED. (a)  In this section:
 1-9                 (1)  "Child" means an individual younger than 14 years
1-10     of age.
1-11                 (2)  "Forced labor" includes convict or indentured
1-12     labor.
1-13           (b)  A vendor who contracts with the state may not make or
1-14     enter into, and a state agency may not accept or enter into, a bid
1-15     or contract for goods created in whole or in part by child or
1-16     forced labor.
1-17           (c)  A state agency may not accept a bid or award a contract
1-18     for goods unless the bidder or contractor certifies in the bid or
1-19     contract that the bidder or contractor, each person represented by
1-20     the bidder or contractor, and each person acting for the
1-21     represented person has not used, in the making of the goods, any
1-22     child labor or forced labor.
1-23           (d)  The bid or contract must include the following
1-24     statement:  "Under Section 2155.0045, Government Code, the vendor
 2-1     certifies that the individual or business entity named in this bid
 2-2     or contract is eligible to receive the specified bid or contract
 2-3     and agrees that this contract may be terminated and payment
 2-4     withheld if this certification is inaccurate."
 2-5           (e)  A bid made, or a contract entered into, that violates
 2-6     this section is void as against public policy.
 2-7           SECTION 2. This Act takes effect September 1, 2001, and
 2-8     applies only to a bid or contract that is made or entered into on
 2-9     or after that date.  A bid or contract that is made or entered into
2-10     before September 1, 2001, is governed by the law as it existed
2-11     immediately before the effective date of this Act, and that law is
2-12     continued in effect for that purpose.