| 1 | 1 | | S.B. No. 1260 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to certain contracts regarding airports operated by or on |
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| 6 | 6 | | behalf of a local government. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 22.019, Transportation Code, is amended |
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| 9 | 9 | | to read as follows: |
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| 10 | 10 | | Sec. 22.019. CONTRACTS. Except as provided by Section |
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| 11 | 11 | | 22.0191, a [A] local government may enter into a contract necessary |
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| 12 | 12 | | to the execution of a power granted the local government and for a |
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| 13 | 13 | | purpose provided by this chapter. |
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| 14 | 14 | | SECTION 2. Subchapter B, Chapter 22, Transportation Code, |
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| 15 | 15 | | is amended by adding Section 22.0191 to read as follows: |
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| 16 | 16 | | Sec. 22.0191. CERTAIN AIRPORT INFRASTRUCTURE OR EQUIPMENT |
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| 17 | 17 | | CONTRACTS. (a) This section applies only to an airport |
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| 18 | 18 | | infrastructure or equipment contract for the procurement of a |
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| 19 | 19 | | passenger boarding bridge at an airport. |
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| 20 | 20 | | (b) A local government or a person operating an airport on |
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| 21 | 21 | | behalf of a local government may not enter into an airport |
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| 22 | 22 | | infrastructure or equipment contract with: |
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| 23 | 23 | | (1) an entity that: |
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| 24 | 24 | | (A) a federal court determines has |
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| 25 | 25 | | misappropriated intellectual property or trade secrets from |
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| 26 | 26 | | another entity organized under federal, state, or local law; and |
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| 27 | 27 | | (B) is owned wholly or partly by, is controlled |
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| 28 | 28 | | by, or receives subsidies from the government of the People's |
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| 29 | 29 | | Republic of China; |
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| 30 | 30 | | (2) any entity that owns, controls, is owned or |
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| 31 | 31 | | controlled by, is under common ownership with, or is a successor to |
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| 32 | 32 | | an entity described by Subdivision (1); or |
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| 33 | 33 | | (3) any entity that has entered into an agreement with |
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| 34 | 34 | | or accepted funding from an entity described by Subdivision (1) or |
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| 35 | 35 | | (2), whether in the form of a minority investment interest, debt, |
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| 36 | 36 | | partnership, or other contractual or written agreement. |
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| 37 | 37 | | (c) An airport infrastructure or equipment contract entered |
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| 38 | 38 | | into by a local government or a person operating an airport on |
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| 39 | 39 | | behalf of a local government must contain a written statement by the |
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| 40 | 40 | | entity with which the local government or person is contracting |
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| 41 | 41 | | verifying that the entity is not an entity described by Subsection |
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| 42 | 42 | | (b)(1), (2), or (3). |
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| 43 | 43 | | (d) If the written statement required in an airport |
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| 44 | 44 | | infrastructure or equipment contract under Subsection (c) is found |
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| 45 | 45 | | to be false, the contract is voidable by the local government or |
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| 46 | 46 | | person operating the airport. |
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| 47 | 47 | | SECTION 3. Section 22.0191, Transportation Code, as added |
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| 48 | 48 | | by this Act, applies only to an airport infrastructure or equipment |
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| 49 | 49 | | contract entered into, modified, or renewed on or after the |
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| 50 | 50 | | effective date of this Act. |
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| 51 | 51 | | SECTION 4. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2023. |
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| 56 | 56 | | ______________________________ ______________________________ |
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| 57 | 57 | | President of the Senate Speaker of the House |
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| 58 | 58 | | I hereby certify that S.B. No. 1260 passed the Senate on |
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| 59 | 59 | | April 12, 2023, by the following vote: Yeas 31, Nays 0. |
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| 60 | 60 | | ______________________________ |
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| 61 | 61 | | Secretary of the Senate |
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| 62 | 62 | | I hereby certify that S.B. No. 1260 passed the House on |
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| 63 | 63 | | May 9, 2023, by the following vote: Yeas 140, Nays 2, two present |
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| 64 | 64 | | not voting. |
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| 65 | 65 | | ______________________________ |
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| 66 | 66 | | Chief Clerk of the House |
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| 67 | 67 | | Approved: |
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| 68 | 68 | | ______________________________ |
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| 69 | 69 | | Date |
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| 70 | 70 | | ______________________________ |
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| 71 | 71 | | Governor |
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