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By: Capriglione (Senate Sponsor - Hancock) |
H.B. No. 1817 |
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(In the Senate - Received from the House May 3, 2023; |
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May 5, 2023, read first time and referred to Committee on State |
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Affairs; May 16, 2023, reported favorably by the following vote: |
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Yeas 11, Nays 0; May 16, 2023, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the validity of a contract for which a disclosure of |
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interested parties is required. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2252.908, Government Code, is amended by |
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adding Subsection (f-1) to read as follows: |
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(f-1) A contract described by Subsection (b) entered into by |
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a governmental entity or state agency is voidable for failure to |
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provide the disclosure of interested parties required by this |
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section only if: |
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(1) the governmental entity or state agency submits to |
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the business entity written notice of the business entity's failure |
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to provide the required disclosure; and |
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(2) the business entity fails to submit to the |
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governmental entity or state agency the required disclosure on or |
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before the 10th business day after the date the business entity |
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receives the written notice under Subdivision (1). |
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SECTION 2. A court in which a suit challenging the validity |
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of a contract described by Section 2252.908(b), Government Code, is |
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pending on the effective date of this Act may require the |
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governmental entity or state agency to provide the written notice |
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required under Section 2252.908(f-1), Government Code, as added by |
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this Act, if the court finds that failure to enforce that |
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requirement would cause an inequitable or unjust result for the |
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parties to the suit. |
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SECTION 3. A contract described by Section 2252.908(b), |
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Government Code, that was executed before the effective date of |
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this Act is presumed to have been properly executed in accordance |
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with Section 2252.908, Government Code, if an action to void or |
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invalidate the contract has not been filed with a court in this |
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state before the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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