| 1 | 1 | | By: Neave H.B. No. 4609 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the consideration of sexual harassment claims against |
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| 7 | 7 | | contractors in awarding certain state agency contracts. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter H, Chapter 2155, Government Code, is |
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| 10 | 10 | | amended by adding Section 2155.4455 to read as follows: |
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| 11 | 11 | | Sec. 2155.4455. SELECTION FACTORS FOR CERTAIN CONTRACTORS; |
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| 12 | 12 | | CERTIFICATION BY CONTRACTOR. (a) The comptroller and each state |
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| 13 | 13 | | agency shall consider as a factor, when selecting a contractor, |
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| 14 | 14 | | whether any sexual harassment claims against the contractor have |
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| 15 | 15 | | been filed with the Texas Workforce Commission or the Equal |
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| 16 | 16 | | Employment Opportunity Commission and whether the contractor has |
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| 17 | 17 | | been found liable in any judicial or administrative proceeding for |
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| 18 | 18 | | sexual harassment. |
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| 19 | 19 | | (b) The comptroller or a state agency may not enter into a |
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| 20 | 20 | | contract with a contractor unless the contractor submits with the |
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| 21 | 21 | | bid, proposal, or other applicable expression of interest in the |
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| 22 | 22 | | contract a written statement disclosing: |
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| 23 | 23 | | (1) whether a sexual harassment claim against the |
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| 24 | 24 | | contractor has been filed with the Texas Workforce Commission or |
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| 25 | 25 | | the Equal Employment Opportunity Commission; |
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| 26 | 26 | | (2) if a sexual harassment claim against the |
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| 27 | 27 | | contractor has been filed with the Texas Workforce Commission or |
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| 28 | 28 | | the Equal Employment Opportunity Commission, the number of claims |
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| 29 | 29 | | filed; |
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| 30 | 30 | | (3) whether the contractor has been found liable for |
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| 31 | 31 | | sexual harassment in a judicial or administrative proceeding; and |
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| 32 | 32 | | (2) if the contractor has been found liable for sexual |
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| 33 | 33 | | harassment in a judicial or administrative proceeding, the number |
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| 34 | 34 | | of findings of liability. |
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| 35 | 35 | | (c) Each contract with the comptroller or a state agency |
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| 36 | 36 | | must include the following statement: |
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| 37 | 37 | | " |
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| 38 | 38 | | (name of contractor) certifies that the |
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| 39 | 39 | | information required by Section 2155.4455, Government Code, is |
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| 40 | 40 | | correct and acknowledges that, if this certification is inaccurate, |
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| 41 | 41 | | the inaccuracy constitutes a default of this contract on notice |
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| 42 | 42 | | from the comptroller or state agency and the contractor may be |
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| 43 | 43 | | barred from participating in contracts with any state agency in |
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| 44 | 44 | | this state." |
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| 45 | 45 | | (d) The comptroller or a state agency shall determine that a |
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| 46 | 46 | | contractor is ineligible for a contract under this section if the |
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| 47 | 47 | | contractor was awarded a contract based on inaccurate information |
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| 48 | 48 | | provided under Subsection (b). |
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| 49 | 49 | | (e) A state agency that determines a contractor is |
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| 50 | 50 | | ineligible for a contract under Subsection (d) shall refer the |
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| 51 | 51 | | matter to the comptroller for action. |
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| 52 | 52 | | (f) Using procedures prescribed by Section 2155.077, the |
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| 53 | 53 | | comptroller shall bar a contractor from participating in a state |
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| 54 | 54 | | agency contract if the comptroller or a state agency has determined |
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| 55 | 55 | | the contractor is ineligible for a contract under this section. |
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| 56 | 56 | | (g) Debarment under this section expires on the third |
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| 57 | 57 | | anniversary of the date of the debarment under Subsection (f). |
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| 58 | 58 | | SECTION 2. Section 2155.4455, Government Code, as added by |
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| 59 | 59 | | this Act, applies only to a contract for which the request for bids |
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| 60 | 60 | | or proposals or other applicable expressions of interest is made |
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| 61 | 61 | | public on or after the effective date of this Act. |
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| 62 | 62 | | SECTION 3. This Act takes effect September 1, 2019. |
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