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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on state contracts with certain |
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contractors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2155, Government Code, is |
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amended by adding Section 2155.006 to read as follows: |
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Sec. 2155.006. PROHIBITION ON CERTAIN BIDS AND CONTRACTS. |
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(a) In this section: |
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(1) "Disaster" has the meaning assigned by Section |
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418.004. |
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(2) "Hurricane Katrina" means the hurricane of that |
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name that struck the gulf coast region of the United States in |
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August 2005. |
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(b) A state agency may not accept a bid or award a contract, |
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including a contract for which purchasing authority is delegated to |
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a state agency, that includes proposed financial participation by a |
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person who, during the five-year period preceding the date of the |
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bid or award, has been: |
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(1) convicted of violating a federal law in connection |
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with a contract awarded by the federal government for relief, |
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recovery, or reconstruction efforts as a result of Hurricane Rita, |
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as defined by Section 39.459, Utilities Code, Hurricane Katrina, or |
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any other disaster occurring after September 24, 2005; or |
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(2) assessed a penalty in a federal civil or |
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administrative enforcement action in connection with a contract |
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awarded by the federal government for relief, recovery, or |
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reconstruction efforts as a result of Hurricane Rita, as defined by |
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Section 39.459, Utilities Code, Hurricane Katrina, or any other |
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disaster occurring after September 24, 2005. |
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(c) A bid or award subject to the requirements of this |
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section must include the following statement: |
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"Under Section 2155.006, Government Code, the vendor |
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certifies that the individual or business entity named in this bid |
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or contract is not ineligible to receive the specified contract and |
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acknowledges that this contract may be terminated and payment |
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withheld if this certification is inaccurate." |
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(d) If a state agency determines that an individual or |
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business entity holding a state contract was ineligible to have the |
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bid accepted or contract awarded under Subsection (b), the state |
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agency may immediately terminate the contract without further |
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obligation to the vendor. |
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(e) This section does not create a cause of action to |
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contest a bid or award of a state contract. |
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SECTION 2. Section 2155.077, Government Code, is amended by |
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amending Subsection (b) and adding Subsections (a-1), (d), and (e) |
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to read as follows: |
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(a-1) The commission shall bar a vendor from participating |
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in state contracts that are subject to this subtitle, including |
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contracts for which purchasing authority is delegated to a state |
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agency, if the vendor has been: |
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(1) convicted of violating a federal law in connection |
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|
with a contract awarded by the federal government for relief, |
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|
recovery, or reconstruction efforts as a result of Hurricane Rita, |
|
|
as defined by Section 39.459, Utilities Code, Hurricane Katrina, or |
|
|
any other disaster occurring after September 24, 2005; or |
|
|
(2) assessed a penalty in a federal civil or |
|
|
administrative enforcement action in connection with a contract |
|
|
awarded by the federal government for relief, recovery, or |
|
|
reconstruction efforts as a result of Hurricane Rita, as defined by |
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|
Section 39.459, Utilities Code, Hurricane Katrina, or any other |
|
|
disaster occurring after September 24, 2005. |
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(b) Except as provided by Subsection (d), the [The] |
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commission shall bar a vendor from participating in state contracts |
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under Subsection (a) [this section] for a period that is |
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commensurate with the seriousness of the vendor's action and the |
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damage to the state's interests. |
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(d) The commission shall bar a vendor from participating in |
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state contracts under Subsection (a-1) for a period of five years |
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from the date the vendor was convicted or the penalty was assessed. |
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(e) In this section: |
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(1) "Disaster" has the meaning assigned by Section |
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|
418.004. |
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|
(2) "Hurricane Katrina" means the hurricane of that |
|
|
name that struck the gulf coast region of the United States in |
|
|
August 2005. |
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|
SECTION 3. Subchapter B, Chapter 2261, Government Code, is |
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amended by adding Section 2261.053 to read as follows: |
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Sec. 2261.053. PROHIBITION ON CERTAIN BIDS AND CONTRACTS.
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(a) In this section: |
|
|
(1) "Disaster" has the meaning assigned by Section |
|
|
418.004. |
|
|
(2) "Hurricane Katrina" means the hurricane of that |
|
|
name that struck the gulf coast region of the United States in |
|
|
August 2005. |
|
|
(b) Except as provided by Subsection (c), a state agency may |
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not accept a bid or award a contract that includes proposed |
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|
financial participation by a person who, during the five-year |
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|
period preceding the date of the bid or award, has been: |
|
|
(1) convicted of violating a federal law in connection |
|
|
with a contract awarded by the federal government for relief, |
|
|
recovery, or reconstruction efforts as a result of Hurricane Rita, |
|
|
as defined by Section 39.459, Utilities Code, Hurricane Katrina, or |
|
|
any other disaster occurring after September 24, 2005; or |
|
|
(2) assessed a penalty in a federal civil or |
|
|
administrative enforcement action in connection with a contract |
|
|
awarded by the federal government for relief, recovery, or |
|
|
reconstruction efforts as a result of Hurricane Rita, as defined by |
|
|
Section 39.459, Utilities Code, Hurricane Katrina, or any other |
|
|
disaster occurring after September 24, 2005. |
|
|
(c) A bid or award subject to the requirements of this |
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|
section must include the following statement: |
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|
"Under Section 2261.053, Government Code, the contractor |
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|
certifies that the individual or business entity named in this bid |
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|
or contract is not ineligible to receive the specified contract and |
|
|
acknowledges that this contract may be terminated and payment |
|
|
withheld if this certification is inaccurate." |
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|
(d) If a state agency determines that an individual or |
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|
business entity holding a state contract was ineligible to have the |
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bid accepted or contract awarded under Subsection (b), the state |
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|
agency may immediately terminate the contract without further |
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|
obligation to the contractor. |
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(e) This section does not create a cause of action to |
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contest a bid or award of a state contract. |
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SECTION 4. The changes in law made by this Act apply only in |
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relation to a state contract for which the request for bids or |
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proposals or other applicable expressions of interest are made |
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public on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2007. |