S.B. No. 1260
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 federal, state, or local law; and
(B) is owned wholly or partly by, is controlled
by, or receives subsidies from the government of the People's
Republic of China;
(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); or
(3) any entity that has entered into an agreement with
or accepted funding from an entity described by Subdivision (1) or
(2), whether in the form of a minority investment interest, debt,
partnership, or other contractual or written agreement.
(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), (2), or (3).
(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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1260 passed the Senate on
April 12, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1260 passed the House on
May 9, 2023, by the following vote: Yeas 140, Nays 2, two present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor