Texas 2023 - 88th Regular

Texas Senate Bill SB541

Filed
1/20/23  
Out of Senate Committee
3/27/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the barring of certain vendors from participation in contracts with the state or a political subdivision and to prohibiting the use of technologies manufactured or sold by certain of those vendors.

Impact

If enacted, SB541 will significantly alter the landscape of governmental contracts in the state. By restricting the procurement capabilities of local governments and state agencies concerning specific vendors, the bill aims to prevent any technology that poses a risk to security. The implications of this legislation may lead to a substantial shift in how state and local entities engage with technology providers, prioritizing national security over potential cost savings or accessibility. It will also require a heightened scrutiny of vendors and their affiliations to ensure compliance with the new regulations.

Summary

Senate Bill 541, aimed at enhancing state security protocols, proposes restrictions on government entities regarding the use of technologies associated with certain vendors. The bill specifically targets vendors prohibited from participating in federal contracts under Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019. It mandates that all governmental entities adopt policies to bar these vendors from contracts to mitigate potential security threats. The intent is to safeguard state infrastructure against espionage and other security-related risks associated with the use of foreign technologies.

Sentiment

The sentiment surrounding SB541 appears largely supportive among legislators who prioritize state security. Proponents argue that these measures are essential for protecting sensitive data and infrastructure from potential threats, especially considering the growing global tensions surrounding technology and data privacy. Conversely, there are concerns raised by opponents about the potential overreach of the law, warning that it may inadvertently restrict beneficial technologies that do not pose an immediate threat to national security. This divided sentiment underscores escalating tensions around how best to manage state security in an increasingly interconnected world.

Contention

Notable points of contention revolve around the bill's definition of banned vendors and the criteria that triggers this prohibition. The legislation relies heavily on existing federal definitions which some critics argue may be overly broad, potentially affecting a wide range of vendors who contribute positively to the state. Additionally, there are apprehensions that this could lead to a lack of flexibility in the local contracting process, as local governments may be unable to engage vendors who provide necessary services while falling under the prohibitive definitions outlined in the bill.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section
  • Chapter 2. Firearm Suppressor Regulation
    • Section: New Section

Local Government Code

  • Chapter 271. Purchasing And Contracting Authority Of Municipalities, Counties, And Certain Other Local Governments
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

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