86R8482 AAF-F
 
  By: Menéndez S.B. No. 2405
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creating a criminal offense for the failure to procure
  goods or services from a community rehabilitation program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 122, Human Resources Code, is amended by
  adding Section 122.0165 to read as follows:
         Sec. 122.0165.  OFFENSE. (a)  In this section:
               (1)  "State agency" has the meaning assigned by Section
  2151.002, Government Code.
               (2)  "State employee" means a person who receives
  compensation for service performed, other than as an independent
  contractor, for a state agency.
         (b)  A state employee, while acting in an official capacity,
  commits an offense if:
               (1)  the state employee procures a product or service
  for the employing state agency from a vendor other than a community
  rehabilitation program;
               (2)  a suitable product or service that met the agency's
  specifications for the product or service procured under
  Subdivision (1) was available, within the time specified by the
  agency, for procurement from a community rehabilitation program on
  the date the procurement was made; and
               (3)  the procurement of the product or service from a
  community rehabilitation program is not exempted:
                     (A)  under Section 122.016; or
                     (B)  because the product or service fails to meet
  a specification described by Section 2155.138(a)(3), Government
  Code.
         (c)  An offense under this section is a Class C misdemeanor.
         (d)  If it is shown on the trial of an offense under this
  section that the state employee was notified before the procurement
  of the product or service that procurement from a vendor other than
  a community rehabilitation program constitutes an offense under
  this section, then:
               (1)  the state employee that procured the product or
  service is barred from further participation in procurement
  activities for any state agency for a period of one year from the
  date the judgment of conviction is entered; and
               (2)  the state agency for which the procurement was
  made may not procure any further products or services under
  purchasing authority delegated by the comptroller for six months
  from the date the judgment of conviction is entered.
         SECTION 2.  This Act takes effect September 1, 2019.