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AN ACT
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relating to restrictions on state contracts with certain |
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contractors. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Subchapter A, Chapter 2155, Government Code, is |
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amended by adding Section 2155.006 to read as follows: |
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�������Sec.�2155.006.��PROHIBITION ON CERTAIN BIDS AND CONTRACTS. � |
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(a)��In this section: |
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�������������(1)��"Disaster"�has the meaning assigned by Section |
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418.004. |
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�������������(2)��"Hurricane Katrina" means the hurricane of that |
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name that struck the gulf coast region of the United States in |
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August 2005. |
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�������(b)��A state agency may not accept a bid or award a contract, |
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including a contract for which purchasing authority is delegated to |
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a state agency, that includes proposed financial participation by a |
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person who, during the five-year period preceding the date of the |
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bid or award, has been: |
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�������������(1)��convicted of violating a federal law in connection |
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with a contract awarded by the federal government for relief, |
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recovery, or reconstruction efforts as a result of Hurricane Rita, |
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as defined by Section 39.459, Utilities Code, Hurricane Katrina, or |
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any other disaster occurring after September 24, 2005; or |
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�������������(2)��assessed a penalty in a federal civil or |
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administrative enforcement action in connection with a contract |
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awarded by the federal government for relief, recovery, or |
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reconstruction efforts as a result of Hurricane Rita, as defined by |
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Section 39.459, Utilities Code, Hurricane Katrina, or any other |
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disaster occurring after September 24, 2005. |
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�������(c)��A bid or award subject to the requirements of this |
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section must include the following statement: |
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�������"Under Section 2155.006, Government Code, the vendor |
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certifies that the individual or business entity named in this bid |
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or contract is not ineligible to receive the specified contract and |
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acknowledges that this contract may be terminated and payment |
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withheld if this certification is inaccurate." |
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�������(d)��If a state agency determines that an individual or |
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business entity holding a state contract was ineligible to have the |
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bid accepted or contract awarded under Subsection (b), the state |
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agency may immediately terminate the contract without further |
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obligation to the vendor. |
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�������(e)��This section does not create a cause of action to |
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contest a bid or award of a state contract. |
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�������SECTION�2.��Section 2155.077, Government Code, is amended by |
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amending Subsection (b) and adding Subsections (a-1), (d), and (e) |
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to read as follows: |
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�������(a-1)��The commission shall bar a vendor from participating |
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in state contracts that are subject to this subtitle, including |
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contracts for which purchasing authority is delegated to a state |
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agency, if the vendor has been: |
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�������������(1)��convicted of violating a federal law in connection |
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with a contract awarded by the federal government for relief, |
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recovery, or reconstruction efforts as a result of Hurricane Rita, |
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as defined by Section 39.459, Utilities Code, Hurricane Katrina, or |
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any other disaster occurring after September 24, 2005; or |
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�������������(2)��assessed a penalty in a federal civil or |
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administrative enforcement action in connection with a contract |
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awarded by the federal government for relief, recovery, or |
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reconstruction efforts as a result of Hurricane Rita, as defined by |
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Section 39.459, Utilities Code, Hurricane Katrina, or any other |
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disaster occurring after September 24, 2005. |
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�������(b)��Except as provided by Subsection (d), the [The] |
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commission shall bar a vendor from participating in state contracts |
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under Subsection (a) [this section] for a period that is |
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commensurate with the seriousness of the vendor's action and the |
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damage to the state's interests. |
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�������(d)��The commission shall bar a vendor from participating in |
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state contracts under Subsection (a-1) for a period of five years |
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from the date the vendor was convicted or the penalty was assessed. |
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�������(e)��In this section: |
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�������������(1)��"Disaster"�has the meaning assigned by Section |
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418.004. |
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�������������(2)��"Hurricane Katrina" means the hurricane of that |
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name that struck the gulf coast region of the United States in |
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August 2005. |
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�������SECTION�3.��Subchapter B, Chapter 2261, Government Code, is |
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amended by adding Section 2261.053 to read as follows: |
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�������Sec.�2261.053.��PROHIBITION ON CERTAIN BIDS AND CONTRACTS. |
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(a)��In this section: |
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�������������(1)��"Disaster"�has the meaning assigned by Section |
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418.004. |
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�������������(2)��"Hurricane Katrina" means the hurricane of that |
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name that struck the gulf coast region of the United States in |
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August 2005. |
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�������(b)��Except as provided by Subsection (c), a state agency may |
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not accept a bid or award a contract that includes proposed |
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financial participation by a person who, during the five-year |
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period preceding the date of the bid or award, has been: |
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�������������(1)��convicted of violating a federal law in connection |
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with a contract awarded by the federal government for relief, |
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recovery, or reconstruction efforts as a result of Hurricane Rita, |
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as defined by Section 39.459, Utilities Code, Hurricane Katrina, or |
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any other disaster occurring after September 24, 2005; or |
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�������������(2)��assessed a penalty in a federal civil or |
�
|
administrative enforcement action in connection with a contract |
�
|
awarded by the federal government for relief, recovery, or |
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reconstruction efforts as a result of Hurricane Rita, as defined by |
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Section 39.459, Utilities Code, Hurricane Katrina, or any other |
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disaster occurring after September 24, 2005. |
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�������(c)��A bid or award subject to the requirements of this |
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section must include the following statement: |
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�������"Under Section 2261.053, Government Code, the contractor |
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certifies that the individual or business entity named in this bid |
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or contract is not ineligible to receive the specified contract and |
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acknowledges that this contract may be terminated and payment |
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withheld if this certification is inaccurate." |
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�������(d)��If a state agency determines that an individual or |
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business entity holding a state contract was ineligible to have the |
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bid accepted or contract awarded under Subsection (b), the state |
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agency may immediately terminate the contract without further |
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obligation to the contractor. |
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�������(e)��This section does not create a cause of action to |
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contest a bid or award of a state contract. |
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�������SECTION�4.��The changes in law made by this Act apply only in |
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relation to a state contract for which the request for bids or |
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proposals or other applicable expressions of interest are made |
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public on or after the effective date of this Act. |
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�������SECTION�5.��This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I hereby certify that S.B.�No.�608 passed the Senate on |
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March�28,�2007, by the following vote:��Yeas�30, Nays�0. |
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______________________________ |
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Secretary of the Senate���� |
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�������I hereby certify that S.B.�No.�608 passed the House on |
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May�17,�2007, by the following vote:��Yeas�143, Nays�0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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Approved: |
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______________________________� |
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������������Date |
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______________________________� |
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����������Governor |