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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain criteria in a local governmental |
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agency contractor selection process. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 271, Local Government |
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Code, is amended by adding Section 271.909 to read as follows: |
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Sec. 271.909. CERTAIN CONTRACTING CRITERIA PROHIBITED. (a) |
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In this section, "governmental agency" has the meaning assigned by |
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Section 271.003. |
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(b) Notwithstanding any other law, a governmental agency |
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that procures a good or service through a competitive process may |
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not: |
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(1) consider any factor in the procurement process |
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other than a factor that: |
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(A) is required by law; or |
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(B) is objective, measurable, and directly |
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related to the cost, quality, reliability, or legal compliance of |
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the good or service being procured; or |
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(2) give a preference to a bid based on environmental, |
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social, and governance criteria that do not directly relate to the |
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cost, quality, reliability, or legal compliance of the good or |
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service being procured. |
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(c) For a competitive procurement process, a governmental |
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agency shall: |
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(1) provide written contract selection criteria in all |
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publicly available bid specification requirements; and |
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(2) include written contract selection criteria in the |
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solicitation documents at the time of vendor solicitation. |
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(d) A person may submit to the attorney general a suspected |
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violation of this section. |
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(e) If the attorney general determines that a governmental |
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agency has violated this section: |
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(1) if the procurement process is ongoing and a |
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contract has not been awarded, the attorney general shall direct |
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the governmental agency in writing to remove any contract selection |
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criteria that the attorney general determines are prohibited under |
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this section; or |
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(2) if a contract has been awarded but has not been |
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executed or performance of the contract has not been completed: |
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(A) the attorney general shall direct the |
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governmental agency in writing to terminate the contract not later |
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than the 10th day after the date the governmental agency receives |
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the notice; and |
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(B) the governmental agency shall provide |
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written proof of the termination of the contract to the attorney |
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general within the period prescribed by Paragraph (A). |
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(f) If a governmental agency fails to terminate a contract |
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or provide written proof of the termination of a contract to the |
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attorney general as required by and within the period prescribed by |
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Subsection (e)(2), the contract is void. |
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(g) The attorney general may bring an action for injunctive |
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or declaratory relief to enforce this section if a governmental |
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agency fails to comply with this section. |
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SECTION 2. Section 271.909, Local Government Code, as added |
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by this Act, applies only to a contractor selection process |
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initiated on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |