79R3843 KEG-D

By:  Guillen                                                      H.B. No. 2741



A BILL TO BE ENTITLED

AN ACT

relating to restrictions on the state's contracting and purchasing 
authority with respect to persons who promote foreign employment.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle F, Title 10, Government Code, is 
amended by adding Chapter 2264 to read as follows:

CHAPTER 2264. PROHIBITION ON STATE CONTRACTS WITH AND PURCHASES 
FROM PERSONS WHO PROMOTE FOREIGN EMPLOYMENT
	Sec. 2264.001. DEFINITION. In this chapter, "state agency" 
means a department, board, commission, or other agency in the 
executive, judicial, or legislative branch of state government.
	Sec. 2264.002.  CONTRACTING WITH OR OTHERWISE ACQUIRING 
GOODS OR SERVICES FROM PERSONS WHO PROMOTE FOREIGN EMPLOYMENT 
PROHIBITED.  (a)  A state agency may not accept a bid from, award a 
contract to, or otherwise acquire goods or services from a person 
who:
		(1)  proposes to create, as part of the contract, 
employment suitable for performance in the United States in a 
country other than the United States and, as a result, would 
eliminate or fail to create similar employment in the United 
States; or
		(2)  at any time during the previous two years created 
employment suitable for performance in the United States in a 
country other than the United States and, as a result, eliminated or 
failed to create similar employment in the United States.
	(b)  A contract subject to the requirements of this section 
must include the following statement:
	"_______________ (name of contractor) certifies that 
_______________ (name of contractor) is not ineligible to receive 
this contract under Chapter 2264, Government Code, and acknowledges 
that this contract may be terminated and payment withheld if this 
certification is inaccurate or becomes inaccurate during the term 
of the contract."
	(c)  If a state agency determines that a person holding a 
contract subject to the requirements of this section was or has 
become ineligible to have the contract accepted or awarded under 
Subsection (a), the state agency may immediately terminate the 
contract without further obligation to the contractor.
	(d)  This section does not create a cause of action to 
contest a bid or award of a contract subject to the requirements of 
this section.
	(e)  Each state agency shall develop procedures for the 
administration of this section.
	SECTION 2.  Section 2264.002, Government Code, as added by 
this Act, applies only in relation to a contract for which the 
request for bids or proposals or other applicable expressions of 
interest are made public on or after the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.