85R2564 AAF-D

By: Anchia H.B. No. 258

A BILL TO BE ENTITLED

AN ACT

relating to a prohibition on the award of a state agency contract to a person in a state with laws allowing or requiring discrimination based on sexual orientation or gender identity or expression.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 2155, Government Code, is amended by adding Section 2155.008 to read as follows:

Sec. 2155.008. PROHIBITION ON BIDS AND CONTRACTS INVOLVING STATES WITH CERTAIN DISCRIMINATORY LAWS. (a) In this section:

(1) "Gender identity or expression" means having or being perceived as having gender-related identity, appearance, expression, or behavior, regardless of whether that identity, appearance, expression, or behavior is different from that commonly associated with the individual's actual or perceived sex.

(2) "Sexual orientation" means the actual or perceived status of an individual with respect to the individual's sexuality.

(b) A state agency may not accept a bid or award a contract that includes proposed financial participation by an individual residing in or a business entity conducting business in a state that, after June 26, 2015, enacted a law to:

(1) void or repeal any existing protection against discrimination on the basis of sexual orientation or gender identity or expression; or

(2) authorize or require discrimination against same-sex couples or their families or on the basis of sexual orientation or gender identity or expression.

(c) A bid or award subject to the requirements of this section must include the following statement:

"Under Section 2155.008, Government Code, the vendor certifies that the individual or business entity named in this bid 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."

(d) If a state agency determines that an individual or business entity holding a state contract was ineligible to have the bid accepted or contract awarded under Subsection (b), the state agency may immediately terminate the contract without further obligation to the vendor.

(e) This section does not create a cause of action to contest a bid or award of a state contract.

SECTION 2. Section 2155.008, Government Code, as added by this Act, applies only to a contract for which a state agency first advertises or otherwise solicits bids, proposals, offers, qualifications, or other similar expressions of interest on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2017.