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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited considerations in governmental entity |
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contracting and elimination of the state's historically |
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underutilized business program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
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amended by adding Section 2252.911 to read as follows: |
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Sec. 2252.911. PROHIBITED CONSIDERATIONS IN CONTRACTING. |
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(a) In this section, "governmental entity" has the meaning |
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assigned by Section 2252.001. |
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(b) Notwithstanding any other law, a governmental entity: |
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(1) may only consider the standard under Section |
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2155.074 and other merit-based criteria when awarding a contract; |
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and |
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(2) may not award a contract or provide preferential |
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treatment to a person submitting a bid for a contract on the basis |
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of: |
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(A) race, color, ethnicity, sex, gender |
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identity, or sexual orientation; or |
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(B) other criteria established as part of a |
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diversity, equity, and inclusion practice or program. |
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SECTION 2. Chapter 2161, Government Code, is repealed. |
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SECTION 3. The repeal by this Act of Chapter 2161, |
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Government Code, does not apply to a transfer of funds directed by |
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the Legislative Budget Board under Section 2161.005, Government |
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Code, before the effective date of this Act. A transfer of funds |
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directed by the Legislative Budget Board before the effective date |
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of this Act is governed by that section as it existed immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. The changes in law made by this Act apply only to |
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a contract entered into on or after the effective date of this Act. |
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A contract entered into before that date is governed by the law in |
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effect on the date the contract was entered into, and the former law |
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is continued in effect for that purpose. |
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SECTION 5. This Act takes effect on the 91st day after the |
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last day of the legislative session. |