| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to contracting with a school district by a vendor with whom |
|
|
a member of the board of trustees of the district or a related |
|
|
individual has certain business interests; creating a criminal |
|
|
offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 11, Education Code, is |
|
|
amended by adding Section 11.067 to read as follows: |
|
|
Sec. 11.067. PROHIBITION ON CERTAIN ACTIVITY BY VENDOR. |
|
|
(a) A vendor that bids on or receives a contract from a school |
|
|
district commits an offense if any individual serving on the board |
|
|
of trustees of the school district: |
|
|
(1) has a substantial interest in the vendor; or |
|
|
(2) is related in the second degree by consanguinity |
|
|
or affinity, as determined under Chapter 573, Government Code, to |
|
|
an individual who has a substantial interest in the vendor. |
|
|
(b) An individual has a substantial interest in a vendor if |
|
|
the individual: |
|
|
(1) owns more than 10 percent of the voting interest in |
|
|
the vendor; or |
|
|
(2) has a direct or indirect participating interest by |
|
|
shares, stock, or otherwise, regardless of whether voting rights |
|
|
are included, in more than 10 percent of the profits, proceeds, or |
|
|
capital gains of the vendor. |
|
|
(c) An offense under this section is a Class C misdemeanor, |
|
|
except that a second offense under this section is a Class B |
|
|
misdemeanor, a third offense under this section is a Class A |
|
|
misdemeanor, and a fourth or subsequent offense under this section |
|
|
is a state jail felony. |
|
|
(d) Notwithstanding Subsection (c), any offense under this |
|
|
section is a state jail felony if the vendor directly compensated |
|
|
the individual serving on the school district's board of trustees |
|
|
as consideration for the district entering into a contract with the |
|
|
vendor. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |