| 1 | 1 | | 87R3506 BEE-F |
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| 2 | 2 | | By: Creighton S.B. No. 1098 |
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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 certain contracts regarding airports and associated air |
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| 8 | 8 | | navigation facilities operated by or on behalf of a local |
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| 9 | 9 | | government. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 22.019, Transportation Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | Sec. 22.019. CONTRACTS. Except as provided by Section |
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| 14 | 14 | | 22.0191, a [A] local government may enter into a contract necessary |
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| 15 | 15 | | to the execution of a power granted the local government and for a |
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| 16 | 16 | | purpose provided by this chapter. |
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| 17 | 17 | | SECTION 2. Subchapter B, Chapter 22, Transportation Code, |
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| 18 | 18 | | is amended by adding Section 22.0191 to read as follows: |
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| 19 | 19 | | Sec. 22.0191. AIRPORT INFRASTRUCTURE OR EQUIPMENT |
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| 20 | 20 | | CONTRACTS. (a) In this section, "airport infrastructure or |
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| 21 | 21 | | equipment contract" means a contract for the acquisition, |
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| 22 | 22 | | construction, improvement, or renovation of airport infrastructure |
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| 23 | 23 | | or equipment, including a terminal, security system, or passenger |
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| 24 | 24 | | boarding bridge, used at an airport or an air navigation facility |
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| 25 | 25 | | associated with an airport. |
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| 26 | 26 | | (b) A local government or a person operating an airport on |
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| 27 | 27 | | behalf of a local government may not enter into an airport |
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| 28 | 28 | | infrastructure or equipment contract with: |
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| 29 | 29 | | (1) an entity that: |
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| 30 | 30 | | (A) a federal court determines has |
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| 31 | 31 | | misappropriated intellectual property or trade secrets from |
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| 32 | 32 | | another entity organized under federal, state, or local law; and |
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| 33 | 33 | | (B) is owned wholly or partly by, is controlled |
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| 34 | 34 | | by, or receives subsidies from the government of a country that: |
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| 35 | 35 | | (i) is identified under Section 182, Trade |
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| 36 | 36 | | Act of 1974 (19 U.S.C. Section 2242), as a priority foreign country; |
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| 37 | 37 | | or |
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| 38 | 38 | | (ii) is subject to monitoring by the Office |
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| 39 | 39 | | of the United States Trade Representative in accordance with |
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| 40 | 40 | | Section 306, Trade Act of 1974 (19 U.S.C. Section 2416); or |
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| 41 | 41 | | (2) any entity that owns, controls, is owned or |
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| 42 | 42 | | controlled by, is under common ownership with, or is a successor to |
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| 43 | 43 | | an entity described by Subdivision (1). |
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| 44 | 44 | | (c) An airport infrastructure or equipment contract for |
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| 45 | 45 | | goods or services entered into by a local government or a person |
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| 46 | 46 | | operating an airport on behalf of a local government must contain a |
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| 47 | 47 | | written statement by the entity with which the local government or |
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| 48 | 48 | | person is contracting verifying that the entity is not an entity |
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| 49 | 49 | | described by Subsection (b)(1) or (2). |
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| 50 | 50 | | SECTION 3. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2021. |
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