85R4310 YDB-D
By: Canales H.B. No. 665
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that contractors verify compliance with
wage payment laws in contracts with public bodies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2252, Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. CONTRACTING REQUIREMENTS AND RESTRICTIONS
Sec. 2252.201. APPLICABILITY. This subchapter applies to a
public body of:
(1) a state agency, as defined by Section 315.002; and
(2) a political subdivision, as defined by Section
609.001.
Sec. 2252.202. CERTIFICATION BY CONTRACTOR. (a) A public
body may not contract for goods or services in this state unless the
contractor certifies in writing to the public body that within the
five years preceding the date of the contract the contractor,
including any subcontractor, has not admitted guilt or been found
guilty or liable in any judicial or administrative proceeding for a
repeated or wilful violation of Chapter 61 or 62, Labor Code, the
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), or
any similar statute or regulation of any state that governs the
payment of wages.
(b) Each contract with a public body must include the
following statement:
"__________ (name of contractor) certifies that __________
(name of contractor and any subcontractor) is not ineligible for
this contract under Subchapter F, Chapter 2252, Government Code,
and acknowledges that, if this certification is inaccurate, the
inaccuracy constitutes a default of this contract on notice from
the public body and the contractor may be barred from participating
in contracts with any public body in this state."
Sec. 2252.203. DEBARMENT. (a) A public body that
determines a contractor is ineligible for a contract under Section
2252.202 shall refer the matter to the comptroller for action.
(b) Using procedures prescribed by Section 2155.077, the
comptroller shall bar a contractor from participating in a contract
with a public body if the comptroller determines that the
contractor was awarded a contract in violation of Section 2252.202
or became ineligible for the contract under that section during the
term of the contract.
(c) Debarment under this section expires on the fifth
anniversary of the determination under Subsection (b).
Sec. 2252.204. ADMINISTRATIVE PROCEDURES. Each public body
shall develop procedures for the administration of this subchapter.
SECTION 2. Each public body of a state agency or political
subdivision of this state that is subject to Subchapter F, Chapter
2252, Government Code, as added by this Act, shall develop the
procedures required under Section 2252.204, Government Code, as
added by this Act, not later than October 1, 2017.
SECTION 3. Subchapter F, Chapter 2252, Government Code, as
added by this Act, applies only to a contract for which the request
for bids or proposals or other applicable expressions of interest
is made public on or after January 1, 2018.
SECTION 4. This Act takes effect September 1, 2017.