| 1 | 1 | | 86R8482 AAF-F |
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| 2 | 2 | | By: Menéndez S.B. No. 2405 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to creating a criminal offense for the failure to procure |
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| 8 | 8 | | goods or services from a community rehabilitation program. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 122, Human Resources Code, is amended by |
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| 11 | 11 | | adding Section 122.0165 to read as follows: |
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| 12 | 12 | | Sec. 122.0165. OFFENSE. (a) In this section: |
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| 13 | 13 | | (1) "State agency" has the meaning assigned by Section |
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| 14 | 14 | | 2151.002, Government Code. |
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| 15 | 15 | | (2) "State employee" means a person who receives |
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| 16 | 16 | | compensation for service performed, other than as an independent |
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| 17 | 17 | | contractor, for a state agency. |
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| 18 | 18 | | (b) A state employee, while acting in an official capacity, |
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| 19 | 19 | | commits an offense if: |
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| 20 | 20 | | (1) the state employee procures a product or service |
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| 21 | 21 | | for the employing state agency from a vendor other than a community |
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| 22 | 22 | | rehabilitation program; |
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| 23 | 23 | | (2) a suitable product or service that met the agency's |
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| 24 | 24 | | specifications for the product or service procured under |
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| 25 | 25 | | Subdivision (1) was available, within the time specified by the |
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| 26 | 26 | | agency, for procurement from a community rehabilitation program on |
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| 27 | 27 | | the date the procurement was made; and |
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| 28 | 28 | | (3) the procurement of the product or service from a |
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| 29 | 29 | | community rehabilitation program is not exempted: |
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| 30 | 30 | | (A) under Section 122.016; or |
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| 31 | 31 | | (B) because the product or service fails to meet |
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| 32 | 32 | | a specification described by Section 2155.138(a)(3), Government |
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| 33 | 33 | | Code. |
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| 34 | 34 | | (c) An offense under this section is a Class C misdemeanor. |
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| 35 | 35 | | (d) If it is shown on the trial of an offense under this |
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| 36 | 36 | | section that the state employee was notified before the procurement |
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| 37 | 37 | | of the product or service that procurement from a vendor other than |
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| 38 | 38 | | a community rehabilitation program constitutes an offense under |
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| 39 | 39 | | this section, then: |
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| 40 | 40 | | (1) the state employee that procured the product or |
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| 41 | 41 | | service is barred from further participation in procurement |
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| 42 | 42 | | activities for any state agency for a period of one year from the |
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| 43 | 43 | | date the judgment of conviction is entered; and |
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| 44 | 44 | | (2) the state agency for which the procurement was |
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| 45 | 45 | | made may not procure any further products or services under |
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| 46 | 46 | | purchasing authority delegated by the comptroller for six months |
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| 47 | 47 | | from the date the judgment of conviction is entered. |
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| 48 | 48 | | SECTION 2. This Act takes effect September 1, 2019. |
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