By Dukes H.B. No. 3537
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the barring of vendors from participation in state
1-3 contracts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2155.077. Barring Vendor From
1-6 Participation in State Contracts, is amended to read as follows:
1-7 (a) The commission [may] shall bar a vendor from
1-8 participating in state contracts that are subject to this subtitle,
1-9 including contracts for which purchasing authority is delegated to
1-10 a state agency, for:
1-11 (1) substandard performance under a contract with the
1-12 state or a state agency;
1-13 (2) material misrepresentations in a bid or proposal
1-14 to the state or a state agency or during the course of performing a
1-15 contract with the state or a state agency;
1-16 (3) fraud; [or]
1-17 (4) breaching a contract with the state or a state
1-18 agency[.];
1-19 (5) breaching a contract with a local or quasi
1-20 governmental entities in Texas including but not limited to cities,
1-21 counties, housing authorities, transportation authorities, river
1-22 authorities or other similar public purpose entities; or
1-23 (6) misrepresentation to subcontractors as to the
2-1 amount and scope of their participation in previous awards made by
2-2 State, local, or quasi governmental entities in Texas or other
2-3 entities as noted in subsection (5).
2-4 (b) The commission shall bar a vendor from participating in
2-5 state contracts under this section for a period that is
2-6 commensurate with the seriousness of the vendor's action and the
2-7 damage to the state's interests.
2-8 (c) The commission by rule shall:
2-9 (1) state generally the reasons for which a vendor may
2-10 be barred from participating in state contracts and the periods for
2-11 which the vendor may be barred; and
2-12 (2) prescribe the procedures under which the
2-13 commission will determine whether and for how long a vendor will be
2-14 barred.
2-15 (d) state institutions of higher learning are not exempt
2-16 from this subtitle.
2-17 SECTION 2. This Act takes effect September 1, 2001.