Texas 2021 - 87th Regular

Texas House Bill HB2558 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R18808 MWC-D
2		-	By: Capriglione, Bell of Montgomery, H.B. No. 2558
3		-	Schaefer, Slawson, Oliverson, et al.
4		-	Substitute the following for H.B. No. 2558:
5		-	By: Paddie C.S.H.B. No. 2558
	1	+	87R9185 MWC-D
	2	+	By: Capriglione H.B. No. 2558
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to prohibited state contracts with companies that
11	8		discriminate against the firearm or ammunition industries.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Subtitle F, Title 10, Government Code, is
14	11		amended by adding Chapter 2274 to read as follows:
15	12		CHAPTER 2274. PROHIBITION ON CONTRACTS WITH COMPANIES THAT
16	13		DISCRIMINATE AGAINST FIREARM AND AMMUNITION INDUSTRIES
17	14		Sec. 2274.001. DEFINITIONS. In this chapter:
18	15		(1) "Ammunition" means a loaded cartridge case,
19	16		primer, bullet, or propellant powder with or without a projectile.
20	17		(2) "Company" means a for-profit organization,
21	18		association, corporation, partnership, joint venture, limited
22	19		partnership, limited liability partnership, or limited liability
23	20		company, including a wholly owned subsidiary, majority-owned
24	21		subsidiary, parent company, or affiliate of those entities or
25	22		associations that exists to make a profit.
26	23		(3) "Discriminate against a firearm entity or firearm
27	24		trade association" means, with respect to the entity or
28	25		association, to:
29	26		(A) refuse to engage in the trade of any goods or
30	27		services;
31	28		(B) refrain from continuing an existing business
32	29		relationship;
33	30		(C) terminate an existing business relationship;
34	31		or
35	32		(D) otherwise express a prejudice against the
36	33		entity or association.
37	34		(4) "Firearm" means a weapon that expels a projectile
38	35		by the action of explosive or expanding gases.
39	36		(5) "Firearm accessory" means a device specifically
40	37		designed or adapted to enable an individual to wear, carry, store,
41	38		or mount a firearm on the individual or on a conveyance and an item
42	39		used in conjunction with or mounted on a firearm that is not
43	40		essential to the basic function of the firearm. The term includes a
44	41		detachable firearm magazine.
45	42		(6) "Firearm entity" means:
46	43		(A) a firearm, firearm accessory, or ammunition
47	44		manufacturer, distributor, wholesaler, supplier, or retailer; and
48	45		(B) a sport shooting range as defined by Section
49	46		250.001, Local Government Code.
50	47		(7) "Firearm trade association" means any person,
51	48		corporation, unincorporated association, federation, business
52	49		league, or business organization that:
53	50		(A) is not organized or operated for profit and
54		-	for which none of its net earnings ~~inures~~ to the benefit of any
	51	+	for which none of its net earnings insures to the benefit of any
55	52		private shareholder or individual;
56	53		(B) has two or more firearm entities as members;
57	54		and
58	55		(C) is exempt from federal income taxation under
59	56		Section 501(a), Internal Revenue Code of 1986, as an organization
60	57		described by Section 501(c)(6) of that code.
61	58		(8) "Governmental entity" has the meaning assigned by
62	59		Section 2251.001.
63	60		Sec. 2274.002. PROVISION REQUIRED IN CONTRACT. (a) This
64	61		section applies only to a contract to be paid partly or wholly from
65	62		public funds between a governmental entity and a company with at
66	63		least 10 full-time employees that has a value of at least $100,000.
67		-	(b) Subject to Subsection (c), a governmental entity may not
68		-	enter into a contract with a company for the purchase of goods or
69		-	services unless the contract contains a written verification from
70		-	the company that it:
	64	+	(b) A governmental entity may not enter into a contract with
	65	+	a company for the purchase of goods or services unless the contract
	66	+	contains a written verification from the company that it:
71	67		(1) does not have a written or unwritten internal
72	68		practice, policy, guidance, or directive that discriminates
73	69		against a firearm entity or firearm trade association based solely
74	70		on its status as a firearm entity or firearm trade association; and
75	71		(2) will not discriminate during the term of the
76	72		contract against a firearm entity or firearm trade association
77	73		based solely on its status as a firearm entity or firearm trade
78	74		association.
79		-	(c) This section does not apply to a governmental entity
80		-	that determines the requirement is inconsistent with the entity's
81		-	constitutional or statutory duties related to the issuance of debt
82		-	obligations or the deposit or investment of funds.
83	75		SECTION 2. The change in law made by this Act applies only
84	76		to a contract entered into on or after the effective date of this
85	77		Act. A contract entered into before the effective date of this Act
86	78		is governed by the law as it existed immediately before the
87	79		effective date of this Act, and that law is continued in effect for
88	80		that purpose.
89	81		SECTION 3. This Act takes effect September 1, 2021.