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Texas House Bill HB2509

Texas 2019 - 86th Regular

Texas House Bill HB2509 Compare Versions

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1-86R25239 AAF-F
1+86R8482 AAF-F
22 By: Gutierrez H.B. No. 2509
3- Substitute the following for H.B. No. 2509:
4- By: Raymond C.S.H.B. No. 2509
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to monitoring a state agency's compliance with the
10- requirement to purchase certain goods and services from a community
11- rehabilitation program.
7+ relating to creating a criminal offense for the failure to procure
8+ goods or services from a community rehabilitation program.
129 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1310 SECTION 1. Chapter 122, Human Resources Code, is amended by
14- adding Section 122.0096 to read as follows:
15- Sec. 122.0096. PROCUREMENT MONITORING. (a) The workforce
16- commission may monitor the procurement practices of a state agency
17- to determine compliance with this chapter. The workforce
18- commission shall notify the state auditor's office if the workforce
19- commission determines:
20- (1) a state agency procured a product or service from a
21- vendor other than a community rehabilitation program;
22- (2) a suitable product or service that met the state
23- agency's specifications was available, within the time specified by
24- the agency, from a community rehabilitation program on the date the
25- procurement was made; and
11+ adding Section 122.0165 to read as follows:
12+ Sec. 122.0165. OFFENSE. (a) In this section:
13+ (1) "State agency" has the meaning assigned by Section
14+ 2151.002, Government Code.
15+ (2) "State employee" means a person who receives
16+ compensation for service performed, other than as an independent
17+ contractor, for a state agency.
18+ (b) A state employee, while acting in an official capacity,
19+ commits an offense if:
20+ (1) the state employee procures a product or service
21+ for the employing state agency from a vendor other than a community
22+ rehabilitation program;
23+ (2) a suitable product or service that met the agency's
24+ specifications for the product or service procured under
25+ Subdivision (1) was available, within the time specified by the
26+ agency, for procurement from a community rehabilitation program on
27+ the date the procurement was made; and
2628 (3) the procurement of the product or service from a
27- community rehabilitation program was not exempted:
29+ community rehabilitation program is not exempted:
2830 (A) under Section 122.016; or
29- (B) because the product or service failed to meet
31+ (B) because the product or service fails to meet
3032 a specification described by Section 2155.138(a)(3), Government
3133 Code.
32- (b) The workforce commission may request that the state
33- auditor's office conduct an audit of a state agency described by
34- Subsection (a) to determine the agency's compliance with this
35- chapter.
34+ (c) An offense under this section is a Class C misdemeanor.
35+ (d) If it is shown on the trial of an offense under this
36+ section that the state employee was notified before the procurement
37+ of the product or service that procurement from a vendor other than
38+ a community rehabilitation program constitutes an offense under
39+ this section, then:
40+ (1) the state employee that procured the product or
41+ service is barred from further participation in procurement
42+ activities for any state agency for a period of one year from the
43+ date the judgment of conviction is entered; and
44+ (2) the state agency for which the procurement was
45+ made may not procure any further products or services under
46+ purchasing authority delegated by the comptroller for six months
47+ from the date the judgment of conviction is entered.
3648 SECTION 2. This Act takes effect September 1, 2019.