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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on a vendor contact with a member of the |
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board of trustees of certain independent school districts during |
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the procurement process. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 44, Education Code, is |
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amended by adding Section 44.0353 to read as follows: |
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Sec. 44.0353. VENDOR CONTACT PROHIBITED. (a) This section |
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applies only to an independent school district: |
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(1) any part of which is located in a county with a |
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population of more than 1.5 million in which more than 75 percent of |
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the population lives in a single municipality; and |
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(2) that has been a party to one or more causes of |
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action involving a dispute over a vendor contract within the years |
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2000-2014. |
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(b) A member of the board of trustees of an independent |
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school district to which this section applies may not, outside a |
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public meeting of the board, have direct or indirect communication |
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with an actual or prospective bidder or offeror relating to a |
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request for proposals or an advertisement for bids during the |
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period: |
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(1) after the district has issued the request for |
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proposals or has advertised for bids on a contract; and |
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(2) before the board has awarded the contract that was |
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the subject of the request for proposals or the advertisement for |
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bids. |
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(c) If a trustee violates Subsection (b) by engaging in |
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direct or indirect communication with a bidder or offeror, the |
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board shall reject the bid or offer of the bidder or offeror. |
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(d) Notwithstanding Subsection (b), a trustee may have |
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direct or indirect communication with an actual or prospective |
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bidder or offeror if: |
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(1) the trustee has a substantial interest, as |
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determined under Section 171.002, Local Government Code, in a |
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business entity or in real property and complies with the |
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requirements of Chapter 171, Local Government Code, if applicable, |
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and: |
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(A) the business entity is an actual or |
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prospective bidder or offeror responding to the school district's |
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request for proposals or advertisement for bids and the |
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communication relates to the business entity's response; or |
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(B) the real property is offered in response to |
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the school district's request for proposals or advertisement for |
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bids and the communication relates to the real property; or |
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(2) the communication occurs at a trade show or |
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convention at which the bidder or offeror was a registered |
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participant and the trustee discloses at a public meeting of the |
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board that the communication occurred, before the earlier of: |
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(A) one week after the date the communication |
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occurred; or |
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(B) the date on which the board votes on the |
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request for proposals or advertisement for bids for which the |
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bidder or offeror submitted a proposal or bid. |
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SECTION 2. Section 44.0353, Education Code, as added by |
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this Act, applies only to a contract for which the request for |
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proposals or bids was issued on or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2015. |