86R1062 YDB-D
By: Canales H.B. No. 169
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that contractors verify compliance with
wage payment laws in governmental contracts with governmental
entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2252, Government Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. CONTRACTING REQUIREMENTS AND RESTRICTIONS
Sec. 2252.251. DEFINITIONS. In this subchapter:
(1) "Contractor" means a person, including a firm or
corporation, that enters into a governmental contract with a
governmental entity.
(2) "Governmental contract" has the meaning assigned
by Section 2252.001.
(3) "Governmental entity" has the meaning assigned by
Section 2252.001.
(4) "Subcontractor" means a person, including a firm
or corporation, that furnishes labor or materials to fulfill an
obligation to a contractor under a governmental contract.
Sec. 2252.252. CERTIFICATION BY CONTRACTOR. (a) A
governmental entity may not enter into a governmental contract with
a contractor unless the contractor certifies in writing to the
entity that during the three years preceding the date of the
contract the contractor, including any subcontractor, was not found
guilty or liable in any judicial or administrative proceeding more
than once for a violation of Chapter 2258 of this code, Chapter 61
or 62, Labor Code, including Sections 61.019 and 61.053, Labor
Code, Section 31.04, Penal Code, the Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.), the Davis-Bacon Act (40 U.S.C.
Section 3141 et seq.), or any similar statute or regulation of any
state that governs the payment of wages.
(b) Each governmental contract with a governmental entity
must include the following statement:
"__________ (name of contractor) certifies that __________
(name of contractor and any subcontractor) is not ineligible for
this contract under Subchapter H, Chapter 2252, Government Code,
and acknowledges that, if this certification is inaccurate, the
inaccuracy constitutes a default of this contract on notice from
the governmental entity and the contractor may be barred from
participating in contracts with any governmental entity in this
state."
Sec. 2252.253. INELIGIBILITY DETERMINATION; DEBARMENT.
(a) A governmental entity shall determine a contractor to be
ineligible for a governmental contract under Section 2252.252 if:
(1) the contractor was awarded a governmental contract
in violation of Section 2252.252; or
(2) during the term of the contract, the contractor
became ineligible for the contract under Section 2252.252(a)
because the contractor was found guilty or liable more than once for
a violation of a statute or regulation described by that
subsection.
(b) A governmental entity that determines a contractor is
ineligible for a contract under Subsection (a) shall refer the
matter to the comptroller for action.
(c) Using procedures prescribed by Section 2155.077, the
comptroller shall bar a contractor that a governmental entity has
determined is ineligible for a contract under Subsection (a) from
participating in a governmental contract with a governmental
entity.
(d) Debarment under this section expires on the third
anniversary of the date of the debarment under Subsection (c).
Sec. 2252.254. ADMINISTRATIVE PROCEDURES. Each
governmental entity shall develop procedures for the
administration of this subchapter.
SECTION 2. Each governmental entity of this state that is
subject to Subchapter H, Chapter 2252, Government Code, as added by
this Act, shall develop the procedures required under Section
2252.254, Government Code, as added by this Act, not later than
October 1, 2019.
SECTION 3. Subchapter H, 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, 2020.
SECTION 4. This Act takes effect September 1, 2019.