Texas 2023 - 88th Regular

Texas Senate Bill SB541 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Campbell, Creighton
2	2	Paxton
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the barring of certain vendors from participation in
8	8	contracts with the state or a political subdivision and to
9	9	prohibiting the use of technologies manufactured or sold by certain
10	10	of those vendors.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 6, Government Code, is amended
13	13	by adding Chapter 620 to read as follows:
14	14	CHAPTER 620. USE OF CERTAIN TECHNOLOGIES BY GOVERNMENTAL ENTITY
15	15	PROHIBITED
16	16	Sec. 620.001. DEFINITION. In this chapter, "governmental
17	17	entity" means:
18	18	(1) a department, commission, board, office, or other
19	19	agency that is in the executive or legislative branch of state
20	20	government and that was created by the constitution or a statute,
21	21	including an institution of higher education as defined by Section
22	22	61.003, Education Code;
23	23	(2) the supreme court, the court of criminal appeals,
24	24	a court of appeals, or the Texas Judicial Council or another agency
25	25	in the judicial branch of state government; or
26	26	(3) a political subdivision of this state, including a
27	27	municipality, county, or special purpose district.
28	28	Sec. 620.002. PROHIBITION. A governmental entity shall
29	29	adopt a policy prohibiting the installation or use by the
30	30	governmental entity of a technology manufactured or sold by an
31	31	entity prohibited from participating in federal contracts under
32	32	Section 889, John S. McCain National Defense Authorization Act for
33	33	Fiscal Year 2019 (Pub. L. No. 115-232), as it existed on January 1,
34	34	2023.
35	35	SECTION 2. Section 2155.077, Government Code, is amended by
36	36	adding Subsection (a-3) to read as follows:
37	37	(a-3) The comptroller shall bar a vendor from participating
38	38	in state contracts that are subject to this subtitle, including
39	39	contracts for which purchasing authority is delegated to a state
40	40	agency, if the vendor:
41	41	(1) is prohibited from participating in federal
42	42	contracts under Section 889, John S. McCain National Defense
43	43	Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232), as it
44	44	existed on January 1, 2023;
45	45	(2) contracts with an entity described by Subdivision
46	46	(1) to provide products or services to this state; or
47	47	(3) is designated as a risk to state security by the
48	48	Homeland Security Council, with advice from the governor, unless
49	49	the federal government has determined that the vendor does not pose
50	50	a risk to national security.
51	51	SECTION 3. Subchapter Z, Chapter 271, Local Government
52	52	Code, is amended by adding Section 271.909 to read as follows:
53	53	Sec. 271.909. BARRING CERTAIN VENDORS FROM PARTICIPATION IN
54	54	CONTRACTS. The governing body of a political subdivision by
55	55	ordinance, order, or other measure shall bar a vendor from
56	56	participating in contracts with the political subdivision if the
57	57	vendor:
58	58	(1) is prohibited from participating in federal
59	59	contracts under Section 889, John S. McCain National Defense
60	60	Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232), as it
61	61	existed on January 1, 2023;
62	62	(2) contracts with an entity described by Subdivision
63	63	(1) to provide products or services to this state; or
64	64	(3) is designated as a risk to state security by the
65	65	Homeland Security Council, with advice from the governor, unless
66	66	the federal government has determined that the vendor does not pose
67	67	a risk to national security.
68	68	SECTION 4. Section 421.026, Government Code, is amended to
69	69	read as follows:
70	70	Sec. 421.026. REPORTS [REPORT]. (a) The council shall
71	71	annually submit to the governor a report stating:
72	72	(1) the status and funding of state programs designed
73	73	to detect and deter homeland security emergencies, including the
74	74	status and funding of counterterrorism efforts;
75	75	(2) recommendations on actions to reduce threats to
76	76	homeland security, including threats related to terrorism; and
77	77	(3) recommendations for improving the alert,
78	78	response, and recovery capabilities of state and local agencies.
79	79	(b) The council shall submit a report to the legislature
80	80	identifying each vendor designated as a risk to state security for
81	81	purposes of barring the vendor from participating in contracts
82	82	under Section 2155.077(a-3)(3) of this code and Section 271.909(3),
83	83	Local Government Code. The council shall submit an update to the
84	84	report under this subsection each time the council designates a
85	85	vendor as a risk to state security.
86	86	SECTION 5. Not later than November 1, 2023, each
87	87	governmental entity shall adopt the policy required by Chapter 620,
88	88	Government Code, as added by this Act.
89	89	SECTION 6. The changes in law made by this Act apply only to
90	90	a contract for which a state agency or political subdivision first
91	91	advertises or otherwise solicits offers, bids, proposals,
92	92	qualifications, or other applicable expressions of interest on or
93	93	after the effective date of this Act. A contract for which a state
94	94	agency or political subdivision first advertises or otherwise
95	95	solicits offers, bids, proposals, qualifications, or other
96	96	applicable expressions of interest before the effective date of
97	97	this Act is governed by the law as it existed immediately before the
98	98	effective date of this Act, and that law is continued in effect for
99	99	that purpose.
100	100	SECTION 7. This Act takes effect September 1, 2023.