Texas 2021 - 87th Regular

Texas Senate Bill SB19 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 19
	1	+	87R22359 MWC-F
	2	+	By: Schwertner, et al. S.B. No. 19
	3	+	(Capriglione)
	4	+	Substitute the following for S.B. No. 19: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to prohibited contracts with companies that discriminate
6	10		against the firearm or ammunition industries.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Subtitle F, Title 10, Government Code, is
9	13		amended by adding Chapter 2274 to read as follows:
10	14		CHAPTER 2274. PROHIBITION ON CONTRACTS WITH COMPANIES THAT
11	15		DISCRIMINATE AGAINST FIREARM AND AMMUNITION INDUSTRIES
12	16		Sec. 2274.001. DEFINITIONS. In this chapter:
13	17		(1) "Ammunition" means a loaded cartridge case,
14	18		primer, bullet, or propellant powder with or without a projectile.
15	19		(2) "Company" means a for-profit organization,
16	20		association, corporation, partnership, joint venture, limited
17	21		partnership, limited liability partnership, or limited liability
18	22		company, including a wholly owned subsidiary, majority-owned
19	23		subsidiary, parent company, or affiliate of those entities or
20		-	associations that exists to make a profit. The term does not
21		-	include a sole proprietorship.
	24	+	associations that exists to make a profit.
22	25		(3) "Discriminate against a firearm entity or firearm
23	26		trade association":
24	27		(A) means, with respect to the entity or
25	28		association, to:
26	29		(i) refuse to engage in the trade of any
27		-	goods or services with the entity or association based solely on its
28		-	status as a firearm entity or firearm trade association;
	30	+	goods or services;
29	31		(ii) refrain from continuing an existing
30		-	business relationship with the entity or association based solely
31		-	on its status as a firearm entity or firearm trade association; or
	32	+	business relationship;
32	33		(iii) terminate an existing business
33		-	relationship with the entity or association based solely on its
34		-	status as a firearm entity or firearm trade association; and
35		-	(B) does not include:
36		-	(i) the established policies of a merchant,
37		-	retail seller, or platform that restrict or prohibit the listing or
38		-	selling of ammunition, firearms, or firearm accessories; and
39		-	(ii) a company's refusal to engage in the
40		-	trade of any goods or services, decision to refrain from continuing
41		-	an existing business relationship, or decision to terminate an
42		-	existing business relationship:
43		-	(aa) to comply with federal, state, or
44		-	local law, policy, or regulations or a directive by a regulatory
45		-	agency; or
46		-	(bb) for any traditional business
47		-	reason that is specific to the customer or potential customer and
48		-	not based solely on an entity's or association's status as a firearm
49		-	entity or firearm trade association.
	34	+	relationship; or
	35	+	(iv) otherwise express a prejudice against
	36	+	the entity or association; and
	37	+	(B) does not include the established policies of
	38	+	a merchant, retail seller, or platform that restrict or prohibit
	39	+	the listing or selling of ammunition, firearms, or firearm
	40	+	accessories.
50	41		(4) "Firearm" means a weapon that expels a projectile
51	42		by the action of explosive or expanding gases.
52	43		(5) "Firearm accessory" means a device specifically
53	44		designed or adapted to enable an individual to wear, carry, store,
54	45		or mount a firearm on the individual or on a conveyance and an item
55	46		used in conjunction with or mounted on a firearm that is not
56	47		essential to the basic function of the firearm. The term includes a
57	48		detachable firearm magazine.
58	49		(6) "Firearm entity" means:
59	50		(A) a firearm, firearm accessory, or ammunition
60	51		manufacturer, distributor, wholesaler, supplier, or retailer; and
61	52		(B) a sport shooting range as defined by Section
62	53		250.001, Local Government Code.
63	54		(7) "Firearm trade association" means any person,
64	55		corporation, unincorporated association, federation, business
65	56		league, or business organization that:
66	57		(A) is not organized or operated for profit and
67	58		for which none of its net earnings inures to the benefit of any
68	59		private shareholder or individual;
69	60		(B) has two or more firearm entities as members;
70	61		and
71	62		(C) is exempt from federal income taxation under
72	63		Section 501(a), Internal Revenue Code of 1986, as an organization
73	64		described by Section 501(c) of that code.
74	65		(8) "Governmental entity" has the meaning assigned by
75	66		Section 2251.001.
76	67		Sec. 2274.002. PROVISION REQUIRED IN CONTRACT. (a) This
77		-	section applies only to a contract that:
78		-	(1) is between a governmental entity and a company
79		-	with at least 10 full-time employees; and
80		-	(2) has a value of at least $100,000 that is paid
81		-	wholly or partly from public funds of the governmental entity.
82		-	(b) Except as provided by Subsection (c) and Section
83		-	2274.003, a governmental entity may not enter into a contract with a
84		-	company for the purchase of goods or services unless the contract
85		-	contains a written verification from the company that it:
	68	+	section applies only to a contract to be paid partly or wholly from
	69	+	public funds between a governmental entity and a company with at
	70	+	least 10 full-time employees that has a value of at least $100,000.
	71	+	(b) Except as provided by Section 2274.003, a governmental
	72	+	entity may not enter into a contract with a company for the purchase
	73	+	of goods or services unless the contract contains a written
	74	+	verification from the company that it:
86	75		(1) does not have a practice, policy, guidance, or
87	76		directive that discriminates against a firearm entity or firearm
88		-	trade association; and
	77	+	trade association based solely on its status as a firearm entity or
	78	+	firearm trade association; and
89	79		(2) will not discriminate during the term of the
90		-	contract against a firearm entity or firearm trade association.
91		-	(c) Subsection (b) does not apply to a governmental entity
92		-	that:
93		-	(1) contracts with a sole-source provider; or
94		-	(2) does not receive any bids from a company that is
95		-	able to provide the written verification required by that
96		-	subsection.
	80	+	contract against a firearm entity or firearm trade association
	81	+	based solely on its status as a firearm entity or firearm trade
	82	+	association.
97	83		Sec. 2274.003. CERTAIN CONTRACTS EXEMPTED. (a) A contract
98	84		entered into in connection with or relating to the issuance, sale,
99	85		or delivery of notes under Subchapter H, Chapter 404, or the
100	86		administration of matters related to the notes, including the
101	87		investment of note proceeds, is exempt from this chapter if, in the
102	88		comptroller's sole discretion, the comptroller determines that
103	89		compliance with Section 2274.002 is likely to prevent:
104	90		(1) an issuance, sale, or delivery that is sufficient
105	91		to address the general revenue cash flow shortfall forecast; or
106	92		(2) the administration of matters related to the
107	93		notes.
108	94		(b) Before making a determination under Subsection (a), the
109	95		comptroller must:
110	96		(1) survey potential respondents or bidders to a
111	97		solicitation for a contract described by Subsection (a) to
112	98		determine the number of qualified potential respondents or bidders
113	99		that are able to provide the written verification required by
114	100		Section 2274.002; and
115	101		(2) evaluate the historical bidding performance of
116	102		qualified potential bidders.
117	103		SECTION 2. The change in law made by this Act applies only
118	104		to a contract entered into on or after the effective date of this
119	105		Act. A contract entered into before the effective date of this Act
120	106		is governed by the law as it existed immediately before the
121	107		effective date of this Act, and that law is continued in effect for
122	108		that purpose.
123	109		SECTION 3. This Act takes effect September 1, 2021.
124		-	______________________________ ______________________________
125		-	President of the Senate Speaker of the House
126		-	I hereby certify that S.B. No. 19 passed the Senate on
127		-	April 15, 2021, by the following vote: Yeas 18, Nays 12; and that
128		-	the Senate concurred in House amendments on May 28, 2021, by the
129		-	following vote: Yeas 19, Nays 12.
130		-	______________________________
131		-	Secretary of the Senate
132		-	I hereby certify that S.B. No. 19 passed the House, with
133		-	amendments, on May 13, 2021, by the following vote: Yeas 86,
134		-	Nays 60, one present not voting.
135		-	______________________________
136		-	Chief Clerk of the House
137		-	Approved:
138		-	______________________________
139		-	Date
140		-	______________________________
141		-	Governor