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.