87R3506 BEE-F
 
  By: Creighton S.B. No. 1098
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain contracts regarding airports and associated air
  navigation facilities operated by or on behalf of a local
  government.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.019, Transportation Code, is amended
  to read as follows:
         Sec. 22.019.  CONTRACTS. Except as provided by Section
  22.0191, a [A] local government may enter into a contract necessary
  to the execution of a power granted the local government and for a
  purpose provided by this chapter.
         SECTION 2.  Subchapter B, Chapter 22, Transportation Code,
  is amended by adding Section 22.0191 to read as follows:
         Sec. 22.0191.  AIRPORT INFRASTRUCTURE OR EQUIPMENT
  CONTRACTS.  (a)  In this section, "airport infrastructure or
  equipment contract" means a contract for the acquisition,
  construction, improvement, or renovation of airport infrastructure
  or equipment, including a terminal, security system, or passenger
  boarding bridge, used at an airport or an air navigation facility
  associated with an airport.
         (b)  A local government or a person operating an airport on
  behalf of a local government may not enter into an airport
  infrastructure or equipment contract with:
               (1)  an entity that:
                     (A)  a federal court determines has
  misappropriated intellectual property or trade secrets from
  another entity organized under federal, state, or local law; and
                     (B)  is owned wholly or partly by, is controlled
  by, or receives subsidies from the government of a country that:
                           (i)  is identified under Section 182, Trade
  Act of 1974 (19 U.S.C. Section 2242), as a priority foreign country;
  or
                           (ii)  is subject to monitoring by the Office
  of the United States Trade Representative in accordance with
  Section 306, Trade Act of 1974 (19 U.S.C. Section 2416); or
               (2)  any entity that owns, controls, is owned or
  controlled by, is under common ownership with, or is a successor to
  an entity described by Subdivision (1).
         (c)  An airport infrastructure or equipment contract for
  goods or services entered into by a local government or a person
  operating an airport on behalf of a local government must contain a
  written statement by the entity with which the local government or
  person is contracting verifying that the entity is not an entity
  described by Subsection (b)(1) or (2).
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.