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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain solicitation responses and |
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contracts resulting from a school district or open-enrollment |
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charter school solicitation for goods or services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.1053, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) Notwithstanding Subsection (a), an open-enrollment |
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charter school's charter may not provide for procedures that |
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conflict with Section 44.0315. |
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SECTION 2. Section 44.0311, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) Except as provided by Subsections [Subsection] (c) and |
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(d), this subchapter applies to junior college districts. |
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(d) Section 44.0315 does not apply to a junior college |
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district. |
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SECTION 3. Subchapter B, Chapter 44, Education Code, is |
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amended by adding Section 44.0315 to read as follows: |
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Sec. 44.0315. PROHIBITED SOLICITATION RESPONSES AND |
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CONTRACTS. (a) In this section, "solicitation response" includes a |
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bid, proposal, offer, or qualification. |
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(b) A vendor may not submit a solicitation response for a |
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solicitation for goods or services by a school district or |
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open-enrollment charter school or enter into a contract resulting |
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from the solicitation response if the vendor participated in |
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preparing the scope of or specifications for the solicitation. |
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(c) A school district or open-enrollment charter school |
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that determines that a vendor violated Subsection (b): |
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(1) may immediately terminate any contract that |
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resulted from the solicitation response and withhold payment to the |
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vendor under the contract without further obligation to the vendor; |
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and |
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(2) may not accept another solicitation response from |
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or award any contract to the vendor before the first anniversary of: |
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(A) the date the vendor submitted the |
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solicitation response; or |
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(B) if the vendor executed a contract with the |
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district or school resulting from the solicitation response, the |
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date the vendor executed the contract. |
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(d) A vendor solicitation response to a solicitation |
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described by Subsection (b) must include the following statement: |
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"Under Section 44.0315, Education Code, the vendor certifies |
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that the vendor did not participate in preparing the scope of or |
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specifications for the solicitation on which this response is |
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based. The vendor acknowledges that if this certification is |
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inaccurate the soliciting entity: |
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"(1) may terminate any contract resulting from the |
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solicitation response and withhold payment to the vendor without |
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further obligation to the vendor; and |
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"(2) may not accept another solicitation response from |
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or award any contract to the vendor before the first anniversary of: |
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"(A) the date the vendor submitted this |
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solicitation response; or |
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"(B) if the vendor executed a contract with the |
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district or school resulting from this solicitation response, the |
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date the vendor executed the contract." |
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(e) A vendor contract resulting from a solicitation |
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response to a solicitation described by Subsection (b) must include |
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the following statement: |
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"Under Section 44.0315, Education Code, the vendor certifies |
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that the vendor did not participate in preparing the scope of or |
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specifications for the solicitation on which this contract is |
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based. The vendor acknowledges that if this certification is |
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inaccurate the soliciting entity: |
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"(1) may terminate this contract and withhold payment |
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to the vendor without further obligation to the vendor; and |
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"(2) may not accept another solicitation response from |
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or award another contract to the vendor until the first anniversary |
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of the date on which the vendor executed this contract." |
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(f) This section does not create a cause of action to |
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contest the acceptance of a solicitation response or the award of a |
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contract by a school district or open-enrollment charter school. |
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(g) This section does not prohibit the exchange of |
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information between a vendor and a school district or |
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open-enrollment charter school to monitor an existing contract with |
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the district or school. |
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SECTION 4. (a) The changes in law made by this Act apply |
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only to a solicitation for which a school district or |
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open-enrollment charter school first advertises or otherwise |
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solicits bids, proposals, offers, qualifications, or similar |
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responses on or after the effective date of this Act. |
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(b) A solicitation for which a school district or |
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open-enrollment charter school first advertised or otherwise |
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solicited bids, proposals, offers, qualifications, or similar |
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responses before the effective date of this Act is governed by the |
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law in effect when the first advertisement or solicitation was |
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given, and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |