|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to restrictions on the use of foreign contractors in the |
|
performance of certain government service contracts that relate to |
|
health and human services. |
|
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. RESTRICTIONS ON USE OF FOREIGN CONTRACTORS IN CERTAIN |
|
HEALTH AND HUMAN SERVICES CONTRACTS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 2264.001. DEFINITIONS. In this chapter: |
|
(1) "Commission" means the Health and Human Services |
|
Commission. |
|
(2) "Domestic contractor" means a contractor or |
|
subcontractor incorporated, organized, formed, or based in the |
|
United States. |
|
(3) "Foreign contractor" means a contractor or |
|
subcontractor incorporated, organized, formed, or based in a |
|
country other than the United States. |
|
(4) "Public agency" means this state or an agency, |
|
instrumentality, or political subdivision of this state. |
|
Sec. 2264.002. APPLICABILITY OF CHAPTER. This chapter |
|
applies only in relation to a contract that: |
|
(1) is primarily a contract for services entered into |
|
by a public agency for which the agency will spend money derived |
|
directly or indirectly from the state treasury; and |
|
(2) relates to a health or human services program |
|
provided by the public agency. |
|
[Sections 2264.003-2264.050 reserved for expansion] |
|
SUBCHAPTER B. DOMESTIC CONTRACTOR REQUIREMENTS FOR SERVICE |
|
CONTRACTS |
|
Sec. 2264.051. PROHIBITION ON CERTAIN HEALTH AND HUMAN |
|
SERVICES CONTRACTS INVOLVING FOREIGN CONTRACTORS. A public agency |
|
may not award a contract to which this chapter applies to a foreign |
|
contractor. |
|
Sec. 2264.052. STATEMENT IN CERTAIN BIDS FOR HEALTH AND |
|
HUMAN SERVICES CONTRACTS. A contractor or subcontractor that |
|
submits a bid, proposal, or other offer to a public agency for a |
|
contract to which this chapter applies must include in the bid, |
|
proposal, or other offer a verified statement identifying the |
|
contractor's place of incorporation, formation, or organization |
|
and certifying that the work required by the contract and any |
|
subcontract performed under that contract will be performed only by |
|
domestic contractors. The contractor must: |
|
(1) require each subcontractor that submits a bid, |
|
proposal, or other offer in relation to the contract to include in |
|
the bid, proposal, or other offer a verified statement that |
|
identifies the public contract and the subcontractor, identifies |
|
the subcontractor's place of incorporation, formation, or |
|
organization, and certifies that the subcontractor is a domestic |
|
contractor; and |
|
(2) send a copy of each verified statement received |
|
under Subdivision (1) to the public agency in the manner prescribed |
|
by the agency. |
|
Sec. 2264.053. PROVISION IN CERTAIN HEALTH AND HUMAN |
|
SERVICES CONTRACTS. A public agency that enters into a contract |
|
must include in the contract a provision stating that, in the event |
|
a contractor or subcontractor performs any part of the contract or a |
|
subcontract with foreign contractors, the contract shall be |
|
terminated and the contractor or subcontractor shall be liable to |
|
the public agency in an amount equal to the amount paid by the |
|
public agency for the percentage of work that was performed with |
|
foreign contractors. |
|
[Sections 2264.054-2264.100 reserved for expansion] |
|
SUBCHAPTER C. WAIVER OF DOMESTIC CONTRACTOR REQUIREMENTS FOR |
|
CERTAIN HEALTH AND HUMAN SERVICES CONTRACTS |
|
Sec. 2264.101. AUTOMATIC WAIVER IN CERTAIN CIRCUMSTANCES. |
|
The requirements of Subchapter B are automatically waived in |
|
circumstances under which compliance with Subchapter B would create |
|
a violation of the specific terms of the Agreement on Government |
|
Procurement of the World Trade Organization or any bilateral or |
|
regional free trade agreement with which the State of Texas must |
|
comply. |
|
SECTION 2. (a) The changes in law made by this Act to public |
|
contracting procedures for certain health and human services |
|
contracts apply only to a contract for which a public agency first |
|
advertises or otherwise solicits bids, proposals, offers, or |
|
qualifications, as applicable, on or after September 1, 2007. |
|
(b) A contract for which a public agency first advertised or |
|
otherwise solicited bids, proposals, offers, or qualifications, as |
|
applicable, before September 1, 2007, is governed by the law as it |
|
existed immediately before the effective date of this Act, and that |
|
law is continued in effect for that purpose. |
|
SECTION 3. This Act takes effect September 1, 2007. |