| 1 | 1 | | 85R2564 AAF-D |
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| 2 | 2 | | By: Anchia H.B. No. 258 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a prohibition on the award of a state agency contract to |
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| 8 | 8 | | a person in a state with laws allowing or requiring discrimination |
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| 9 | 9 | | based on sexual orientation or gender identity or expression. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 2155, Government Code, is |
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| 12 | 12 | | amended by adding Section 2155.008 to read as follows: |
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| 13 | 13 | | Sec. 2155.008. PROHIBITION ON BIDS AND CONTRACTS INVOLVING |
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| 14 | 14 | | STATES WITH CERTAIN DISCRIMINATORY LAWS. (a) In this section: |
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| 15 | 15 | | (1) "Gender identity or expression" means having or |
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| 16 | 16 | | being perceived as having gender-related identity, appearance, |
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| 17 | 17 | | expression, or behavior, regardless of whether that identity, |
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| 18 | 18 | | appearance, expression, or behavior is different from that commonly |
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| 19 | 19 | | associated with the individual's actual or perceived sex. |
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| 20 | 20 | | (2) "Sexual orientation" means the actual or perceived |
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| 21 | 21 | | status of an individual with respect to the individual's sexuality. |
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| 22 | 22 | | (b) A state agency may not accept a bid or award a contract |
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| 23 | 23 | | that includes proposed financial participation by an individual |
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| 24 | 24 | | residing in or a business entity conducting business in a state |
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| 25 | 25 | | that, after June 26, 2015, enacted a law to: |
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| 26 | 26 | | (1) void or repeal any existing protection against |
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| 27 | 27 | | discrimination on the basis of sexual orientation or gender |
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| 28 | 28 | | identity or expression; or |
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| 29 | 29 | | (2) authorize or require discrimination against |
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| 30 | 30 | | same-sex couples or their families or on the basis of sexual |
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| 31 | 31 | | orientation or gender identity or expression. |
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| 32 | 32 | | (c) A bid or award subject to the requirements of this |
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| 33 | 33 | | section must include the following statement: |
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| 34 | 34 | | "Under Section 2155.008, Government Code, the vendor |
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| 35 | 35 | | certifies that the individual or business entity named in this bid |
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| 36 | 36 | | or contract is not ineligible to receive the specified contract and |
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| 37 | 37 | | acknowledges that this contract may be terminated and payment |
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| 38 | 38 | | withheld if this certification is inaccurate." |
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| 39 | 39 | | (d) If a state agency determines that an individual or |
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| 40 | 40 | | business entity holding a state contract was ineligible to have the |
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| 41 | 41 | | bid accepted or contract awarded under Subsection (b), the state |
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| 42 | 42 | | agency may immediately terminate the contract without further |
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| 43 | 43 | | obligation to the vendor. |
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| 44 | 44 | | (e) This section does not create a cause of action to |
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| 45 | 45 | | contest a bid or award of a state contract. |
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| 46 | 46 | | SECTION 2. Section 2155.008, Government Code, as added by |
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| 47 | 47 | | this Act, applies only to a contract for which a state agency first |
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| 48 | 48 | | advertises or otherwise solicits bids, proposals, offers, |
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| 49 | 49 | | qualifications, or other similar expressions of interest on or |
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| 50 | 50 | | after the effective date of this Act. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2017. |
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