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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a criminal offense for the failure to procure |
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goods or services from a community rehabilitation program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 122, Human Resources Code, is amended by |
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adding Section 122.0165 to read as follows: |
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Sec. 122.0165. OFFENSE. (a) In this section: |
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(1) "State agency" has the meaning assigned by Section |
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2151.002, Government Code. |
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(2) "State employee" means a person who receives |
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compensation for service performed, other than as an independent |
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contractor, for a state agency. |
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(b) A state employee, while acting in an official capacity, |
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commits an offense if: |
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(1) the state employee procures a product or service |
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for the employing state agency from a vendor other than a community |
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rehabilitation program; |
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(2) a suitable product or service that met the agency's |
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specifications for the product or service procured under |
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Subdivision (1) was available, within the time specified by the |
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agency, for procurement from a community rehabilitation program on |
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the date the procurement was made; and |
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(3) the procurement of the product or service from a |
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community rehabilitation program is not exempted: |
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(A) under Section 122.016; or |
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(B) because the product or service fails to meet |
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a specification described by Section 2155.138(a)(3), Government |
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Code. |
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(c) An offense under this section is a Class C misdemeanor. |
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(d) If it is shown on the trial of an offense under this |
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section that the state employee was notified before the procurement |
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of the product or service that procurement from a vendor other than |
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a community rehabilitation program constitutes an offense under |
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this section, then: |
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(1) the state employee that procured the product or |
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service is barred from further participation in procurement |
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activities for any state agency for a period of one year from the |
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date the judgment of conviction is entered; and |
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(2) the state agency for which the procurement was |
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made may not procure any further products or services under |
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purchasing authority delegated by the comptroller for six months |
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from the date the judgment of conviction is entered. |
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SECTION 2. This Act takes effect September 1, 2019. |