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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of sexual harassment claims against |
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contractors in awarding certain state agency contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 2155, Government Code, is |
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amended by adding Section 2155.4455 to read as follows: |
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Sec. 2155.4455. SELECTION FACTORS FOR CERTAIN CONTRACTORS; |
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CERTIFICATION BY CONTRACTOR. (a) The comptroller and each state |
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agency shall consider as a factor, when selecting a contractor, |
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whether any sexual harassment claims against the contractor have |
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been filed with the Texas Workforce Commission or the Equal |
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Employment Opportunity Commission and whether the contractor has |
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been found liable in any judicial or administrative proceeding for |
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sexual harassment. |
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(b) The comptroller or a state agency may not enter into a |
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contract with a contractor unless the contractor submits with the |
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bid, proposal, or other applicable expression of interest in the |
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contract a written statement disclosing: |
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(1) whether a sexual harassment claim against the |
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contractor has been filed with the Texas Workforce Commission or |
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the Equal Employment Opportunity Commission; |
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(2) if a sexual harassment claim against the |
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contractor has been filed with the Texas Workforce Commission or |
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the Equal Employment Opportunity Commission, the number of claims |
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filed; |
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(3) whether the contractor has been found liable for |
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sexual harassment in a judicial or administrative proceeding; and |
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(2) if the contractor has been found liable for sexual |
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harassment in a judicial or administrative proceeding, the number |
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of findings of liability. |
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(c) Each contract with the comptroller or a state agency |
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must include the following statement: |
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" |
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(name of contractor) certifies that the |
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information required by Section 2155.4455, Government Code, is |
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correct and acknowledges that, if this certification is inaccurate, |
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the inaccuracy constitutes a default of this contract on notice |
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from the comptroller or state agency and the contractor may be |
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barred from participating in contracts with any state agency in |
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this state." |
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(d) The comptroller or a state agency shall determine that a |
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contractor is ineligible for a contract under this section if the |
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contractor was awarded a contract based on inaccurate information |
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provided under Subsection (b). |
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(e) A state agency that determines a contractor is |
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ineligible for a contract under Subsection (d) shall refer the |
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matter to the comptroller for action. |
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(f) Using procedures prescribed by Section 2155.077, the |
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comptroller shall bar a contractor from participating in a state |
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agency contract if the comptroller or a state agency has determined |
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the contractor is ineligible for a contract under this section. |
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(g) Debarment under this section expires on the third |
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anniversary of the date of the debarment under Subsection (f). |
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SECTION 2. Section 2155.4455, Government Code, as added by |
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this Act, applies only to a contract for which the request for bids |
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or proposals or other applicable expressions of interest is made |
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public on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |