Texas 2019 - 86th Regular

Texas Senate Bill SB2321 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R12129 AAF-D
2	2	By: Creighton S.B. No. 2321
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to issues involving the administration or finances of
8	8	state entities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 322.008, Government Code, is amended by
11	11	adding Subsection (a-1) to read as follows:
12	12	(a-1) For each state agency, institution, or other entity to
13	13	which an appropriation is proposed by a general appropriations
14	14	bill, the bill must include for each specific program or activity
15	15	administered by the agency, institution, or entity:
16	16	(1) a description of the program or activity;
17	17	(2) the amount of the proposed appropriation; and
18	18	(3) a statement that specifies the source of the
19	19	proposed appropriation for the program or activity.
20	20	SECTION 2. The heading to Section 322.020, Government Code,
21	21	is amended to read as follows:
22	22	Sec. 322.020. [MAJOR] CONTRACTS DATABASE.
23	23	SECTION 3. Section 322.020, Government Code, is amended by
24	24	amending Subsections (a), (b), and (c) and adding Subsections
25	25	(b-1), (b-2), (b-3), (b-4), and (b-5) to read as follows:
26	26	(a) In this section[, "major contract" means]:
27	27	(1) "Contract" means a contract, grant, or agreement
28	28	for the purchase or sale of goods or services that is entered into
29	29	or paid for, wholly or partly, by a state agency or an amendment,
30	30	modification, renewal, or extension of the contract, grant, or
31	31	agreement. The term includes a revenue generating contract, an
32	32	interagency or interlocal grant or agreement, a purchase order, or
33	33	other written expression of terms of agreement. [a contract for
34	34	which notice is required under one of the following sections:
35	35	[(A) Section 2054.008;
36	36	[(B) Section 2166.2551;
37	37	[(C) Section 2254.006; or
38	38	[(D) Section 2254.0301; or]
39	39	(2) "Institution of higher education" has the meaning
40	40	assigned by Section 61.003, Education Code.
41	41	(3) "State agency" has the meaning assigned by Section
42	42	2054.003 [a contract, including an amendment, modification,
43	43	renewal, or extension:
44	44	[(A) for which notice is not required under a
45	45	section listed in Subdivision (1);
46	46	[(B) that is not a purchase order, an interagency
47	47	contract, or a contract paid only with funds not appropriated by the
48	48	General Appropriations Act; and
49	49	[(C) with a value that exceeds $50,000].
50	50	(b) This section applies only to:
51	51	(1) a major consulting services contract, as defined
52	52	by Section 2254.021; and
53	53	(2) a contract, including any amendment,
54	54	modification, renewal, or extension of the contract, that has a
55	55	value that exceeds or is reasonably expected to exceed $50,000,
56	56	other than a contract of an institution of higher education that:
57	57	(A) is paid for solely with institutional funds
58	58	or hospital and clinic fees, as described by Section 51.009,
59	59	Education Code; or
60	60	(B) is for sponsored research.
61	61	(b-1) Not later than the 30th calendar day after the date a
62	62	contract is awarded, amended, modified, renewed, or extended, a
63	63	[Each] state agency shall provide written notice of the contract to
64	64	the Legislative Budget Board. The written notice must include
65	65	copies of the following documents:
66	66	(1) each [major] contract entered into by the agency,
67	67	including each amendment, modification, renewal, or extension of
68	68	the contract; and
69	69	(2) each request for proposal, invitation to bid, or
70	70	comparable solicitation related to the [major] contract.
71	71	(b-2) The requirement to provide copies of documents under
72	72	Subsection (b-1) does not apply to:
73	73	(1) an enrollment contract described by 1 T.A.C.
74	74	Section 391.183 as that section existed on June 1, 2015; or
75	75	(2) a contract of the Texas Department of
76	76	Transportation that:
77	77	(A) relates to highway construction or
78	78	engineering; or
79	79	(B) is subject to Section 201.112,
80	80	Transportation Code.
81	81	(b-3) A state agency may redact from the written notice
82	82	provided under Subsection (b-1) information excepted from
83	83	disclosure under Chapter 552, including information that may be
84	84	used to perpetrate fraud on the agency, such as:
85	85	(1) certain commercial or financial information;
86	86	(2) credit card, debit card, charge card, and access
87	87	device numbers; and
88	88	(3) government information related to security or
89	89	infrastructure issues for computers.
90	90	(b-4) For an institution of higher education, Subsection
91	91	(b-1) applies only if:
92	92	(1) for a major information system, as defined by
93	93	Section 2054.0965, the value exceeds $1 million and the contract is
94	94	paid with appropriated funds;
95	95	(2) for a construction project, the contract is paid
96	96	with appropriated funds; or
97	97	(3) for professional services, the contract is for
98	98	services other than physician or optometric service and is paid
99	99	with appropriated funds.
100	100	(b-5) The redaction of information under this section does
101	101	not exempt the information from the requirements of Section 552.021
102	102	or 552.221.
103	103	(c) The Legislative Budget Board shall post on the Internet
104	104	a copy of:
105	105	(1) each [major] contract, including each amendment,
106	106	modification, renewal, or extension of the contract [of a state
107	107	agency]; and
108	108	(2) each request for proposal, invitation to bid, or
109	109	comparable solicitation related to the [major] contract.
110	110	SECTION 4. Chapter 322, Government Code, is amended by
111	111	adding Sections 322.021, 322.0211, and 322.0212 to read as follows:
112	112	Sec. 322.021. STATE AGENCY CONTRACT OVERSIGHT. (a) In this
113	113	section:
114	114	(1) "Board" means the Legislative Budget Board.
115	115	(2) "Institution of higher education" has the meaning
116	116	assigned by Section 61.003, Education Code.
117	117	(3) "State agency" has the meaning assigned by Section
118	118	2054.003.
119	119	(b) Subject to Subsection (c), the board may review state
120	120	agency contracts to determine compliance with the contract
121	121	management guide developed under Section 2054.554, the
122	122	comptroller's procurement policy manuals, and each applicable
123	123	state contracting law, rule, policy, and procedure. The authority
124	124	to review a state agency contract under this subsection applies
125	125	regardless of the source of funds or method of financing for the
126	126	contract.
127	127	(c) This section does not apply to a contract of an
128	128	institution of higher education that is paid for solely with
129	129	institutional funds or hospital and clinic fees, as described by
130	130	Section 51.009, Education Code. The board shall review the
131	131	contract management handbook developed by an institution of higher
132	132	education as required by Section 51.9337(b)(3), Education Code,
133	133	when determining the institution's compliance with contracting
134	134	rules and procedures.
135	135	(d) Board staff may request, and are entitled to obtain, any
136	136	document related to a contract reviewed under this section or to a
137	137	purchase under the contract.
138	138	(e) Each state agency shall cooperate with the board in
139	139	conducting a contract review under this section and in resolving
140	140	any issue resulting from the contract review.
141	141	Sec. 322.0211. NOTICE OF VIOLATION OF STATE CONTRACTING
142	142	LAW; CORRECTIVE ACTION PLAN. (a) If the Legislative Budget Board
143	143	determines under Section 322.021 that a state agency contract
144	144	violates the contract management guide, the comptroller's
145	145	procurement policy manuals, or a state contracting law, rule,
146	146	policy, or procedure, the board's director shall provide notice of
147	147	the violation to the agency.
148	148	(b) A state agency shall provide a written response to the
149	149	notice provided under Subsection (a) not later than the 10th
150	150	business day after the date the agency receives the notice.
151	151	(c) If the board determines that the response provided by a
152	152	state agency under Subsection (b) does not adequately address or
153	153	resolve the violation determined under Subsection (a), the board's
154	154	director may provide to the board and the state agency,
155	155	comptroller, and governor written notice of the violation. A
156	156	violation notice provided under this subsection must:
157	157	(1) detail the specific provision violated by the
158	158	contract;
159	159	(2) recommend actions to be taken to address the
160	160	violation and any identified risks related to the contract;
161	161	(3) list potential remedies for the violation; and
162	162	(4) state any enforcement mechanism that may be
163	163	assessed under Section 322.0212 for the violation.
164	164	(d) A state agency that receives notice of a violation under
165	165	Subsection (c) shall develop a written corrective action plan
166	166	consistent with the board's recommendations and provide the plan to
167	167	the board not later than the 30th calendar day after the date the
168	168	agency receives the notice.
169	169	(e) The board may monitor a state agency's implementation of
170	170	the corrective action plan.
171	171	Sec. 322.0212. ENFORCEMENT. (a) The Legislative Budget
172	172	Board may assess an enforcement mechanism against a state agency
173	173	that the board determines under Section 322.021 is in violation of
174	174	the contract management guide, the comptroller's procurement
175	175	policy manuals, or a state contracting law, rule, policy, or
176	176	procedure. The enforcement mechanism must be assessed in
177	177	accordance with the schedule developed under Subsection (b).
178	178	(b) The board may establish a schedule of enforcement
179	179	mechanisms that may be assessed against a state agency for a
180	180	violation described by Subsection (a). The enforcement mechanisms
181	181	may include:
182	182	(1) enhanced monitoring of the state agency's
183	183	contracts by board personnel;
184	184	(2) required consultation with the Contract Advisory
185	185	Team established under Section 2262.101 or the quality assurance
186	186	team established under Section 2054.158 before issuance of a
187	187	contract by the state agency;
188	188	(3) targeted audits by the State Auditor's Office at
189	189	the request of the board; and
190	190	(4) recommended cancellation of a contract determined
191	191	to contain a violation described by Section 322.0211(a).
192	192	(c) The board's director may recommend to the board an
193	193	enforcement mechanism to be assessed against a state agency for a
194	194	contract violation.
195	195	(d) The board may increase the severity of an enforcement
196	196	mechanism assessed against a state agency for repeated contract
197	197	violations described by Section 322.0211(a).
198	198	(e) The board may dismiss an enforcement mechanism assessed
199	199	against a state agency by the board for a contract violation
200	200	described by Section 322.0211(a) on successful implementation of a
201	201	corrective action plan by the agency under Section 322.0211(d).
202	202	SECTION 5. Chapter 322, Government Code, is amended by
203	203	adding Section 322.025 to read as follows:
204	204	Sec. 322.025. REPORT ON SPENDING REDUCTION MEASURES. (a)
205	205	Not later than September 1 of each even-numbered year, each entity
206	206	that is required to submit a legislative appropriations request
207	207	shall submit to the board a detailed report identifying measures by
208	208	which the entity may reduce its expenditures from general revenue
209	209	and general revenue-dedicated accounts by 1 percent, 5 percent, and
210	210	10 percent in the next state fiscal biennium.
211	211	(b) An entity described by Subsection (a) shall rank each of
212	212	the 1 percent, 5 percent, and 10 percent spending reduction
213	213	measures from highest to lowest priority. The entity shall assign
214	214	higher priority to measures that:
215	215	(1) have fewer consequences for the entity's programs
216	216	and goals;
217	217	(2) have less impact on populations served by the
218	218	entity; or
219	219	(3) eliminate redundancies and inefficiencies.
220	220	(c) An entity described by Subsection (a) may not include in
221	221	the report a spending reduction measure that would violate the
222	222	state or federal constitution.
223	223	(d) The board may exempt certain expenditures from
224	224	consideration under this section.
225	225	(e) The board may issue guidance regarding:
226	226	(1) standards for reports required by this section,
227	227	including format, content, and methods of submission; and
228	228	(2) prioritizing spending reduction measures under
229	229	Subsection (b).
230	230	(f) The board may require an entity to submit the report
231	231	under this section with the entity's legislative appropriations
232	232	request.
233	233	(g) Not later than December 1 of each even-numbered year,
234	234	the board shall make reports received under this section available
235	235	to the governor, lieutenant governor, speaker of the house of
236	236	representatives, and members of the legislature.
237	237	SECTION 6. Chapter 325, Government Code, is amended by
238	238	adding Section 325.026 to read as follows:
239	239	Sec. 325.026. REPORT TO SENATE COMMITTEE. (a) A
240	240	governmental entity subject to this chapter shall deliver a report
241	241	to the legislature that:
242	242	(1) explains changes to the entity's rules made since
243	243	the commission last completed a review of the entity and the
244	244	consequences of those changes; and
245	245	(2) provides a justification for making the changes
246	246	described by Subdivision (1).
247	247	(b) The report required under Subsection (a) must be
248	248	delivered not later than November 30 of:
249	249	(1) the sixth year after the year in which the
250	250	commission completed a review of the entity if the entity was
251	251	continued for a period of 12 years under Section 325.015; or
252	252	(2) if the entity was continued for a period other than
253	253	12 years under Section 325.015, the year that is halfway through the
254	254	entity's continuance period.
255	255	(c) A legislative committee may compel testimony by a
256	256	representative of a governmental entity that is not a state agency
257	257	regarding the subject of the report in the same way the committee
258	258	may compel testimony from a representative of a state agency.
259	259	SECTION 7. Sections 2001.0045(a), (b), and (c), Government
260	260	Code, are amended to read as follows:
261	261	(a) In this section, "state agency" has the meaning assigned
262	262	by Section 2001.006 [means a department, board, commission,
263	263	committee, council, agency, office, or other entity in the
264	264	executive, legislative, or judicial branch of state
265	265	government. This term does not include an agency under the
266	266	authority of an elected officer of this state].
267	267	(b) [A state agency rule proposal that contains more than
268	268	one rule in a single rulemaking action is considered one rule for
269	269	purposes of this section.] Except as provided by Subsection (c), a
270	270	state agency may not adopt a proposed rule for which the fiscal note
271	271	for the notice required by Section 2001.024 states that the rule
272	272	imposes a cost on any regulated person [persons], including another
273	273	state agency, a special district, and [or] a local government,
274	274	unless on or before the effective date of the proposed rule the
275	275	state agency:
276	276	(1) repeals two state agency rules [a rule] that
277	277	impose [imposes a] total costs [cost] on the person in an amount
278	278	[regulated persons that is] equal to or greater than the [total]
279	279	cost imposed on the person [regulated persons] by the proposed
280	280	rule; [or]
281	281	(2) amends two state agency rules [a rule] to decrease
282	282	the total costs [cost] imposed on the person [regulated persons] by
283	283	an amount [that is] equal to or greater than the cost imposed on the
284	284	person [persons] by the proposed rule; or
285	285	(3) repeals one state agency rule and amends one state
286	286	agency rule to decrease the total costs imposed on the person by an
287	287	amount equal to or greater than the cost imposed on the person by
288	288	the proposed rule.
289	289	(c) This section does not apply to a rule that:
290	290	(1) relates to state agency procurement;
291	291	(2) is amended to:
292	292	(A) reduce the burden or responsibilities
293	293	imposed on a regulated person [persons] by the rule; or
294	294	(B) decrease the person's [persons'] cost for
295	295	compliance with the rule;
296	296	(3) is adopted in response to a natural disaster; or
297	297	(4) [is necessary to receive a source of federal funds
298	298	or to comply with federal law;
299	299	[(5) is necessary to protect water resources of this
300	300	state as authorized by the Water Code;
301	301	[(6) is necessary to protect the health, safety, and
302	302	welfare of the residents of this state;
303	303	[(7)] is adopted by the Department of Family and
304	304	Protective Services[, Department of Motor Vehicles, Public Utility
305	305	Commission, Texas Commission on Environmental Quality, or Texas
306	306	Racing Commission;
307	307	[(8) is adopted by a self-directed semi-independent
308	308	agency; or
309	309	[(9) is necessary to implement legislation, unless the
310	310	legislature specifically states this section applies to the rule].
311	311	SECTION 8. Section 2054.0965, Government Code, is amended
312	312	by amending Subsection (b) and adding Subsection (c) to read as
313	313	follows:
314	314	(b) Except as otherwise modified by rules adopted by the
315	315	department, the review must include:
316	316	(1) an inventory of the agency's major information
317	317	systems[, as defined by Section 2054.008,] and other operational or
318	318	logistical components related to deployment of information
319	319	resources as prescribed by the department;
320	320	(2) an inventory of the agency's major databases and
321	321	applications;
322	322	(3) a description of the agency's existing and planned
323	323	telecommunications network configuration;
324	324	(4) an analysis of how information systems,
325	325	components, databases, applications, and other information
326	326	resources have been deployed by the agency in support of:
327	327	(A) applicable achievement goals established
328	328	under Section 2056.006 and the state strategic plan adopted under
329	329	Section 2056.009;
330	330	(B) the state strategic plan for information
331	331	resources; and
332	332	(C) the agency's business objectives, mission,
333	333	and goals;
334	334	(5) agency information necessary to support the state
335	335	goals for interoperability and reuse; and
336	336	(6) confirmation by the agency of compliance with
337	337	state statutes, rules, and standards relating to information
338	338	resources.
339	339	(c) In this section, "major information system" includes:
340	340	(1) one or more computers that in the aggregate cost
341	341	more than $100,000;
342	342	(2) a service related to computers, including computer
343	343	software, that costs more than $100,000; and
344	344	(3) a telecommunications apparatus or device that
345	345	serves as a voice, data, or video communications network for
346	346	transmitting, switching, routing, multiplexing, modulating,
347	347	amplifying, or receiving signals on the network and costs more than
348	348	$100,000.
349	349	SECTION 9. The heading to Section 2261.253, Government
350	350	Code, is amended to read as follows:
351	351	Sec. 2261.253. REQUIRED POSTING OF [CERTAIN CONTRACTS;
352	352	ENHANCED] CONTRACT INFORMATION AND PERFORMANCE MONITORING.
353	353	SECTION 10. Sections 2261.253(a), (b), and (d), Government
354	354	Code, are amended to read as follows:
355	355	(a) Each [For each contract for the purchase of goods or
356	356	services from a private vendor, each] state agency shall post on its
357	357	Internet website's home page a link to the Legislative Budget
358	358	Board's contracts database established under Section 322.020
359	359	[website:
360	360	[(1) each contract the agency enters into, including
361	361	contracts entered into without inviting, advertising for, or
362	362	otherwise requiring competitive bidding before selection of the
363	363	contractor, until the contract expires or is completed;
364	364	[(2) the statutory or other authority under which a
365	365	contract that is not competitively bid under Subdivision (1) is
366	366	entered into without compliance with competitive bidding
367	367	procedures; and
368	368	[(3) the request for proposals related to a
369	369	competitively bid contract included under Subdivision (1) until the
370	370	contract expires or is completed].
371	371	(b) For each contract in an amount of $15,000 or more for the
372	372	purchase of goods or services from a private vendor that is paid for
373	373	solely with institutional funds or hospital and clinic fees, as
374	374	described by Section 51.009, Education Code, an institution of
375	375	higher education, as defined by Section 61.003, Education Code,
376	376	shall post on the institution's Internet website:
377	377	(1) the contract, including a contract that does not
378	378	require competitive bidding before selection of the contractor,
379	379	until the contract expires or is completed;
380	380	(2) for a contract that does not require competitive
381	381	bidding, the statutory or other authority that allows the contract
382	382	to be entered into without compliance with competitive bidding
383	383	procedures; and
384	384	(3) the request for proposals related to a
385	385	competitively bid contract posted under Subdivision (1), until the
386	386	contract is completed [A state agency monthly may post contracts
387	387	described by Subsection (a) that are valued at less than $15,000].
388	388	(d) An institution of higher education may redact
389	389	information from the contracts posted on the institution's Internet
390	390	website under Subsection (b) to the same extent as permitted under
391	391	Section 322.020(b-3). The redaction of information under this
392	392	subsection does not exempt the information from the requirements of
393	393	Section 552.021 or 552.221 [This section does not apply to a
394	394	memorandum of understanding, interagency contract, interlocal
395	395	agreement, or contract for which there is not a cost].
396	396	SECTION 11. Section 2262.101, Government Code, is amended
397	397	by adding Subsection (g) to read as follows:
398	398	(g) The team shall provide to the Legislative Budget Board a
399	399	copy of:
400	400	(1) each recommendation made under Subsection (a)(1)
401	401	on a solicitation or contract document not later than the 10th
402	402	calendar day after the date the team makes the recommendation; and
403	403	(2) any written explanation submitted by a state
404	404	agency under Subsection (d)(2) stating the reason a recommendation
405	405	is not applicable to the contract under review not later than the
406	406	10th calendar day after the date the team receives the explanation.
407	407	SECTION 12. Sections 2262.102(a) and (d), Government Code,
408	408	are amended to read as follows:
409	409	(a) The team consists of the following [six] members:
410	410	(1) one member from the Health and Human Services
411	411	Commission;
412	412	(2) one member from the comptroller's office;
413	413	(3) one member from the Department of Information
414	414	Resources;
415	415	(4) one member from the Texas Facilities Commission;
416	416	(5) one member from the governor's office; and
417	417	(6) one or more members [member] from any other [a
418	418	small] state agencies, as designated by the comptroller as the
419	419	comptroller considers necessary [agency].
420	420	(d) The comptroller may adopt rules regarding the
421	421	membership of the team, as appropriate, to implement this section
422	422	[In this section, "small state agency" means a state agency with
423	423	fewer than 100 employees].
424	424	SECTION 13. The heading to Chapter 2264, Government Code,
425	425	is amended to read as follows:
426	426	CHAPTER 2264. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC
427	427	SUBSIDIES AND STATE CONTRACTS
428	428	SECTION 14. Section 2264.101, Government Code, is
429	429	transferred to Subchapter B, Chapter 2264, Government Code,
430	430	redesignated as Section 2264.054, Government Code, and amended to
431	431	read as follows:
432	432	Sec. 2264.054 [2264.101]. RECOVERY. (a) A public agency,
433	433	local taxing jurisdiction, or economic development corporation, or
434	434	the attorney general on behalf of the state or a state agency, may
435	435	bring a civil action to recover any amounts owed to the public
436	436	agency, state or local taxing jurisdiction, or economic development
437	437	corporation under this subchapter [chapter].
438	438	(b) The public agency, local taxing jurisdiction, economic
439	439	development corporation, or attorney general, as applicable, shall
440	440	recover court costs and reasonable attorney's fees incurred in an
441	441	action brought under Subsection (a).
442	442	(c) A business is not liable for a violation of this
443	443	subchapter [chapter] by a subsidiary, affiliate, or franchisee of
444	444	the business, or by a person with whom the business contracts.
445	445	SECTION 15. The heading to Subchapter C, Chapter 2264,
446	446	Government Code, is amended to read as follows:
447	447	SUBCHAPTER C. E-VERIFY PROGRAM [ENFORCEMENT]
448	448	SECTION 16. Subchapter C, Chapter 2264, Government Code, is
449	449	amended by adding Sections 2264.1011, 2264.102, 2264.103, and
450	450	2264.104 to read as follows:
451	451	Sec. 2264.1011. DEFINITIONS. In this subchapter:
452	452	(1) "E-verify program" has the meaning assigned by
453	453	Section 673.001.
454	454	(2) "State agency" has the meaning assigned by Section
455	455	2103.001.
456	456	Sec. 2264.102. VERIFICATION BY CONTRACTORS. (a) A state
457	457	agency may not award a contract for goods or services within this
458	458	state to a contractor unless the contractor registers with and
459	459	participates in the E-verify program to verify employee
460	460	information. The contractor must continue to participate in the
461	461	program during the term of the contract.
462	462	(b) Each contract with a state agency must include the
463	463	following statement:
464	464	"______________ (name of contractor) certifies that
465	465	__________ (name of contractor) is not ineligible to receive this
466	466	contract under Subchapter C, Chapter 2264, Government Code, and
467	467	acknowledges that if this certification is inaccurate or becomes
468	468	inaccurate during the term of the contract, the contractor may be
469	469	barred from participating in state contracts."
470	470	(c) If a state agency determines that a contractor was
471	471	ineligible to have the contract awarded under Subsection (a) or
472	472	that a contractor has ceased participation in the E-verify program
473	473	during the term of the contract, the state agency shall refer the
474	474	matter to the comptroller for action.
475	475	(d) Each state agency shall develop procedures for the
476	476	administration of this section.
477	477	Sec. 2264.103. BARRING FROM STATE CONTRACTS. (a) Using
478	478	procedures prescribed under Section 2155.077, the comptroller
479	479	shall bar a contractor from participating in state contracts if a
480	480	state agency under Section 2264.102 determines that the contractor:
481	481	(1) was awarded a contract in violation of Section
482	482	2264.102; or
483	483	(2) has ceased participation in the E-verify program
484	484	during the term of the contract.
485	485	(b) Debarment under this section is for a period of up to
486	486	five years.
487	487	(c) A contractor who registers with and participates in the
488	488	E-verify program as provided by Section 2264.102 may not be barred
489	489	under this section if, as a result of receiving inaccurate
490	490	verification information from the E-verify program, the contractor
491	491	hires or employs a person in violation of 8 U.S.C. Section 1324a.
492	492	Sec. 2264.104. AFFIRMATIVE DEFENSE; DISCRIMINATION
493	493	PROHIBITED. (a) It is an affirmative defense to a civil action for
494	494	damages or the imposition of a civil penalty for an employer's
495	495	refusal to hire or employ a person based on the employer's
496	496	participation in the E-verify program as required by this
497	497	subchapter that the employer participated in the E-verify program
498	498	in accordance with the rules and guidelines of the program and
499	499	received inaccurate information.
500	500	(b) This section may not be construed to allow intentional
501	501	discrimination of any class protected by law.
502	502	SECTION 17. The following provisions are repealed:
503	503	(1) Section 322.020(f), Government Code;
504	504	(2) Section 2054.008, Government Code;
505	505	(3) Section 2166.2551, Government Code;
506	506	(4) Section 2254.006, Government Code;
507	507	(5) Section 2254.0301, Government Code;
508	508	(6) Sections 2261.253(e), (f), (g), and (h),
509	509	Government Code;
510	510	(7) Section 81.072, Natural Resources Code; and
511	511	(8) Section 223.051, Transportation Code, as added by
512	512	Chapter 533 (S.B. 312), Acts of the 85th Legislature, Regular
513	513	Session, 2017.
514	514	SECTION 18. Section 322.008, Government Code, as amended by
515	515	this Act, applies to the general appropriations bills prepared for
516	516	the 2022-2023 state fiscal biennium and subsequent bienniums.
517	517	SECTION 19. Section 2001.0045, Government Code, as amended
518	518	by this Act, applies only to a rule proposed by a state agency on or
519	519	after the effective date of this Act. A rule proposed before that
520	520	date is governed by the law in effect on the date the rule was
521	521	proposed, and the former law is continued in effect for that
522	522	purpose.
523	523	SECTION 20. As soon as practicable after the effective date
524	524	of this Act, the comptroller of public accounts shall designate one
525	525	or more members to the Contract Advisory Team as provided by Section
526	526	2262.102, Government Code, as amended by this Act.
527	527	SECTION 21. Each state agency subject to Subchapter C,
528	528	Chapter 2264, Government Code, as amended by this Act, shall
529	529	develop the procedures required under Section 2264.102(d),
530	530	Government Code, as added by this Act, not later than October 1,
531	531	2019.
532	532	SECTION 22. Sections 2264.1011, 2264.102, and 2264.103,
533	533	Government Code, as added by this Act, apply only in relation to a
534	534	contract for which the request for bids or proposals or other
535	535	applicable expression of interest is made public on or after the
536	536	effective date of this Act.
537	537	SECTION 23. Except as otherwise provided by this Act, the
538	538	changes in law made by this Act apply to a contract entered into or
539	539	amended, modified, renewed, or extended on or after the effective
540	540	date of this Act. A contract entered into or amended, modified,
541	541	renewed, or extended before the effective date of this Act is
542	542	governed by the law in effect on the date the contract was entered
543	543	into or amended, modified, renewed, or extended, and the former law
544	544	is continued in effect for that purpose.
545	545	SECTION 24. This Act takes effect September 1, 2019.