86R8482 AAF-F
By: Gutierrez H.B. No. 2509
A BILL TO BE ENTITLED
AN ACT
relating to creating a criminal offense for the failure to procure
goods or services from a community rehabilitation program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 122, Human Resources Code, is amended by
adding Section 122.0165 to read as follows:
Sec. 122.0165. OFFENSE. (a) In this section:
(1) "State agency" has the meaning assigned by Section
2151.002, Government Code.
(2) "State employee" means a person who receives
compensation for service performed, other than as an independent
contractor, for a state agency.
(b) A state employee, while acting in an official capacity,
commits an offense if:
(1) the state employee procures a product or service
for the employing state agency from a vendor other than a community
rehabilitation program;
(2) a suitable product or service that met the agency's
specifications for the product or service procured under
Subdivision (1) was available, within the time specified by the
agency, for procurement from a community rehabilitation program on
the date the procurement was made; and
(3) the procurement of the product or service from a
community rehabilitation program is not exempted:
(A) under Section 122.016; or
(B) because the product or service fails to meet
a specification described by Section 2155.138(a)(3), Government
Code.
(c) An offense under this section is a Class C misdemeanor.
(d) If it is shown on the trial of an offense under this
section that the state employee was notified before the procurement
of the product or service that procurement from a vendor other than
a community rehabilitation program constitutes an offense under
this section, then:
(1) the state employee that procured the product or
service is barred from further participation in procurement
activities for any state agency for a period of one year from the
date the judgment of conviction is entered; and
(2) the state agency for which the procurement was
made may not procure any further products or services under
purchasing authority delegated by the comptroller for six months
from the date the judgment of conviction is entered.
SECTION 2. This Act takes effect September 1, 2019.