Texas 2023 88th Regular

Texas House Bill HB1196 Introduced / Bill

Filed 01/05/2023

                    88R4713 BEE-F
 By: Romero, Jr. H.B. No. 1196


 A BILL TO BE ENTITLED
 AN ACT
 relating to certain contracts regarding airports operated by or on
 behalf of a local government.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 22.019, Transportation Code, is amended
 to read as follows:
 Sec. 22.019.  CONTRACTS. Except as provided by Section
 22.0191, a [A] local government may enter into a contract necessary
 to the execution of a power granted the local government and for a
 purpose provided by this chapter.
 SECTION 2.  Subchapter B, Chapter 22, Transportation Code,
 is amended by adding Section 22.0191 to read as follows:
 Sec. 22.0191.  CERTAIN AIRPORT INFRASTRUCTURE OR EQUIPMENT
 CONTRACTS.  (a) This section applies only to an airport
 infrastructure or equipment contract for the procurement of a
 passenger boarding bridge at an airport.
 (b)  A local government or a person operating an airport on
 behalf of a local government may not enter into an airport
 infrastructure or equipment contract with:
 (1)  an entity that:
 (A)  a federal court determines has
 misappropriated intellectual property or trade secrets from
 another entity organized under the laws of:
 (i)  the United States;
 (ii)  this state or another state; or
 (iii)  a political subdivision of this state
 or another state; and
 (B)  is owned wholly or partly by, is controlled
 by, or receives subsidies from the government of China; or
 (2)  any entity that owns, controls, is owned or
 controlled by, is under common ownership with, or is a successor to
 an entity described by Subdivision (1).
 (c)  An airport infrastructure or equipment contract entered
 into by a local government or a person operating an airport on
 behalf of a local government must contain a written statement by the
 entity with which the local government or person is contracting
 verifying that the entity is not an entity described by Subsection
 (b)(1) or (2).
 (d)  If the written statement required in an airport
 infrastructure or equipment contract under Subsection (c) is found
 to be false, the contract is voidable by the local government or
 person operating the airport.
 SECTION 3.  Section 22.0191, Transportation Code, as added
 by this Act, applies only to an airport infrastructure or equipment
 contract entered into, modified, or renewed on or after the
 effective date of this Act.
 SECTION 4.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2023.