By: Neave H.B. No. 4609
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of sexual harassment claims against
contractors in awarding certain state agency contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 2155, Government Code, is
amended by adding Section 2155.4455 to read as follows:
Sec. 2155.4455. SELECTION FACTORS FOR CERTAIN CONTRACTORS;
CERTIFICATION BY CONTRACTOR. (a) The comptroller and each state
agency shall consider as a factor, when selecting a contractor,
whether any sexual harassment claims against the contractor have
been filed with the Texas Workforce Commission or the Equal
Employment Opportunity Commission and whether the contractor has
been found liable in any judicial or administrative proceeding for
sexual harassment.
(b) The comptroller or a state agency may not enter into a
contract with a contractor unless the contractor submits with the
bid, proposal, or other applicable expression of interest in the
contract a written statement disclosing:
(1) whether a sexual harassment claim against the
contractor has been filed with the Texas Workforce Commission or
the Equal Employment Opportunity Commission;
(2) if a sexual harassment claim against the
contractor has been filed with the Texas Workforce Commission or
the Equal Employment Opportunity Commission, the number of claims
filed;
(3) whether the contractor has been found liable for
sexual harassment in a judicial or administrative proceeding; and
(2) if the contractor has been found liable for sexual
harassment in a judicial or administrative proceeding, the number
of findings of liability.
(c) Each contract with the comptroller or a state agency
must include the following statement:
"
(name of contractor) certifies that the
information required by Section 2155.4455, Government Code, is
correct and acknowledges that, if this certification is inaccurate,
the inaccuracy constitutes a default of this contract on notice
from the comptroller or state agency and the contractor may be
barred from participating in contracts with any state agency in
this state."
(d) The comptroller or a state agency shall determine that a
contractor is ineligible for a contract under this section if the
contractor was awarded a contract based on inaccurate information
provided under Subsection (b).
(e) A state agency that determines a contractor is
ineligible for a contract under Subsection (d) shall refer the
matter to the comptroller for action.
(f) Using procedures prescribed by Section 2155.077, the
comptroller shall bar a contractor from participating in a state
agency contract if the comptroller or a state agency has determined
the contractor is ineligible for a contract under this section.
(g) Debarment under this section expires on the third
anniversary of the date of the debarment under Subsection (f).
SECTION 2. Section 2155.4455, 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 the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2019.