| |
| |
| |
|
|
AN ACT
|
|
|
relating to the validity of a contract for which a disclosure of |
|
|
interested parties is required. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2252.908, Government Code, is amended by |
|
|
adding Subsection (f-1) to read as follows: |
|
|
(f-1) A contract described by Subsection (b) entered into by |
|
|
a governmental entity or state agency is voidable for failure to |
|
|
provide the disclosure of interested parties required by this |
|
|
section only if: |
|
|
(1) the governmental entity or state agency submits to |
|
|
the business entity written notice of the business entity's failure |
|
|
to provide the required disclosure; and |
|
|
(2) the business entity fails to submit to the |
|
|
governmental entity or state agency the required disclosure on or |
|
|
before the 10th business day after the date the business entity |
|
|
receives the written notice under Subdivision (1). |
|
|
SECTION 2. A court in which a suit challenging the validity |
|
|
of a contract described by Section 2252.908(b), Government Code, is |
|
|
pending on the effective date of this Act may require the |
|
|
governmental entity or state agency to provide the written notice |
|
|
required under Section 2252.908(f-1), Government Code, as added by |
|
|
this Act, if the court finds that failure to enforce that |
|
|
requirement would cause an inequitable or unjust result for the |
|
|
parties to the suit. |
|
|
SECTION 3. A contract described by Section 2252.908(b), |
|
|
Government Code, that was executed before the effective date of |
|
|
this Act is presumed to have been properly executed in accordance |
|
|
with Section 2252.908, Government Code, if an action to void or |
|
|
invalidate the contract has not been filed with a court in this |
|
|
state before the effective date of this Act. |
|
|
SECTION 4. 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, 2023. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1817 was passed by the House on May 2, |
|
|
2023, by the following vote: Yeas 139, Nays 3, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 1817 was passed by the Senate on May |
|
|
18, 2023, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |