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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that contractors verify compliance with |
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wage payment laws in contracts with public bodies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2252, Government Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. CONTRACTING REQUIREMENTS AND RESTRICTIONS |
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Sec. 2252.201. APPLICABILITY. This subchapter applies to a |
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public body of: |
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(1) a state agency, as defined by Section 315.002; and |
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(2) a political subdivision, as defined by Section |
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609.001. |
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Sec. 2252.202. CERTIFICATION BY CONTRACTOR. (a) A public |
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body may not contract for goods or services in this state unless the |
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contractor certifies in writing to the public body that within the |
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five years preceding the date of the contract the contractor, |
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including any subcontractor, has not admitted guilt or been found |
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guilty or liable in any judicial or administrative proceeding for a |
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repeated or wilful violation of Chapter 61 or 62, Labor Code, the |
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Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), or |
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any similar statute or regulation of any state that governs the |
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payment of wages. |
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(b) Each contract with a public body must include the |
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following statement: |
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"__________ (name of contractor) certifies that __________ |
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(name of contractor and any subcontractor) is not ineligible for |
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this contract under Subchapter F, Chapter 2252, Government Code, |
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and acknowledges that, if this certification is inaccurate, the |
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inaccuracy constitutes a default of this contract on notice from |
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the public body and the contractor may be barred from participating |
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in contracts with any public body in this state." |
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Sec. 2252.203. DEBARMENT. (a) A public body that |
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determines a contractor is ineligible for a contract under Section |
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2252.202 shall refer the matter to the comptroller for action. |
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(b) Using procedures prescribed by Section 2155.077, the |
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comptroller shall bar a contractor from participating in a contract |
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with a public body if the comptroller determines that the |
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contractor was awarded a contract in violation of Section 2252.202 |
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or became ineligible for the contract under that section during the |
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term of the contract. |
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(c) Debarment under this section expires on the fifth |
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anniversary of the determination under Subsection (b). |
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Sec. 2252.204. ADMINISTRATIVE PROCEDURES. Each public body |
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shall develop procedures for the administration of this subchapter. |
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SECTION 2. Each public body of a state agency or political |
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subdivision of this state that is subject to Subchapter F, Chapter |
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2252, Government Code, as added by this Act, shall develop the |
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procedures required under Section 2252.204, Government Code, as |
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added by this Act, not later than October 1, 2017. |
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SECTION 3. Subchapter F, Chapter 2252, Government Code, as |
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added by this Act, applies only to a contract for which the request |
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for bids or proposals or other applicable expressions of interest |
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is made public on or after January 1, 2018. |
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SECTION 4. This Act takes effect September 1, 2017. |