| 1 | 1 | | 85R4310 YDB-D |
|---|
| 2 | 2 | | By: Canales H.B. No. 665 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the requirement that contractors verify compliance with |
|---|
| 8 | 8 | | wage payment laws in contracts with public bodies. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 2252, Government Code, is amended by |
|---|
| 11 | 11 | | adding Subchapter F to read as follows: |
|---|
| 12 | 12 | | SUBCHAPTER F. CONTRACTING REQUIREMENTS AND RESTRICTIONS |
|---|
| 13 | 13 | | Sec. 2252.201. APPLICABILITY. This subchapter applies to a |
|---|
| 14 | 14 | | public body of: |
|---|
| 15 | 15 | | (1) a state agency, as defined by Section 315.002; and |
|---|
| 16 | 16 | | (2) a political subdivision, as defined by Section |
|---|
| 17 | 17 | | 609.001. |
|---|
| 18 | 18 | | Sec. 2252.202. CERTIFICATION BY CONTRACTOR. (a) A public |
|---|
| 19 | 19 | | body may not contract for goods or services in this state unless the |
|---|
| 20 | 20 | | contractor certifies in writing to the public body that within the |
|---|
| 21 | 21 | | five years preceding the date of the contract the contractor, |
|---|
| 22 | 22 | | including any subcontractor, has not admitted guilt or been found |
|---|
| 23 | 23 | | guilty or liable in any judicial or administrative proceeding for a |
|---|
| 24 | 24 | | repeated or wilful violation of Chapter 61 or 62, Labor Code, the |
|---|
| 25 | 25 | | Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), or |
|---|
| 26 | 26 | | any similar statute or regulation of any state that governs the |
|---|
| 27 | 27 | | payment of wages. |
|---|
| 28 | 28 | | (b) Each contract with a public body must include the |
|---|
| 29 | 29 | | following statement: |
|---|
| 30 | 30 | | "__________ (name of contractor) certifies that __________ |
|---|
| 31 | 31 | | (name of contractor and any subcontractor) is not ineligible for |
|---|
| 32 | 32 | | this contract under Subchapter F, Chapter 2252, Government Code, |
|---|
| 33 | 33 | | and acknowledges that, if this certification is inaccurate, the |
|---|
| 34 | 34 | | inaccuracy constitutes a default of this contract on notice from |
|---|
| 35 | 35 | | the public body and the contractor may be barred from participating |
|---|
| 36 | 36 | | in contracts with any public body in this state." |
|---|
| 37 | 37 | | Sec. 2252.203. DEBARMENT. (a) A public body that |
|---|
| 38 | 38 | | determines a contractor is ineligible for a contract under Section |
|---|
| 39 | 39 | | 2252.202 shall refer the matter to the comptroller for action. |
|---|
| 40 | 40 | | (b) Using procedures prescribed by Section 2155.077, the |
|---|
| 41 | 41 | | comptroller shall bar a contractor from participating in a contract |
|---|
| 42 | 42 | | with a public body if the comptroller determines that the |
|---|
| 43 | 43 | | contractor was awarded a contract in violation of Section 2252.202 |
|---|
| 44 | 44 | | or became ineligible for the contract under that section during the |
|---|
| 45 | 45 | | term of the contract. |
|---|
| 46 | 46 | | (c) Debarment under this section expires on the fifth |
|---|
| 47 | 47 | | anniversary of the determination under Subsection (b). |
|---|
| 48 | 48 | | Sec. 2252.204. ADMINISTRATIVE PROCEDURES. Each public body |
|---|
| 49 | 49 | | shall develop procedures for the administration of this subchapter. |
|---|
| 50 | 50 | | SECTION 2. Each public body of a state agency or political |
|---|
| 51 | 51 | | subdivision of this state that is subject to Subchapter F, Chapter |
|---|
| 52 | 52 | | 2252, Government Code, as added by this Act, shall develop the |
|---|
| 53 | 53 | | procedures required under Section 2252.204, Government Code, as |
|---|
| 54 | 54 | | added by this Act, not later than October 1, 2017. |
|---|
| 55 | 55 | | SECTION 3. Subchapter F, Chapter 2252, Government Code, as |
|---|
| 56 | 56 | | added by this Act, applies only to a contract for which the request |
|---|
| 57 | 57 | | for bids or proposals or other applicable expressions of interest |
|---|
| 58 | 58 | | is made public on or after January 1, 2018. |
|---|
| 59 | 59 | | SECTION 4. This Act takes effect September 1, 2017. |
|---|