| 1 | 1 | | By: Hancock, et al. S.B. No. 936 |
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| 2 | 2 | | (Smithee) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain agreements with collective bargaining |
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| 8 | 8 | | organizations related to certain publicly funded public work |
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| 9 | 9 | | contracts. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 51.7761(b), Education Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (b) An institution awarding a public work contract funded |
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| 14 | 14 | | in whole or in part with state or local governmental money or |
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| 15 | 15 | | governmentally administered financial assistance, including the |
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| 16 | 16 | | issuance of debt guaranteed by this state or a local governmental |
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| 17 | 17 | | entity, money from ratepayers, or money from user fees, may not: |
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| 18 | 18 | | (1) prohibit, require, discourage, or encourage a |
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| 19 | 19 | | person bidding on the public work contract, including a contractor |
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| 20 | 20 | | or subcontractor, from entering into or adhering to an agreement |
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| 21 | 21 | | with a collective bargaining organization relating to the project; |
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| 22 | 22 | | or |
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| 23 | 23 | | (2) discriminate against a person described by |
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| 24 | 24 | | Subdivision (1) based on the person's involvement in the agreement, |
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| 25 | 25 | | including the person's: |
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| 26 | 26 | | (A) status or lack of status as a party to the |
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| 27 | 27 | | agreement; or |
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| 28 | 28 | | (B) willingness or refusal to enter into the |
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| 29 | 29 | | agreement. |
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| 30 | 30 | | SECTION 2. Section 2269.0541(a), Government Code, is |
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| 31 | 31 | | amended to read as follows: |
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| 32 | 32 | | (a) A governmental entity awarding a public work contract |
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| 33 | 33 | | funded in whole or in part with state or local governmental money or |
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| 34 | 34 | | governmentally administered financial assistance, including the |
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| 35 | 35 | | issuance of debt guaranteed by this state or a local governmental |
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| 36 | 36 | | entity, money from ratepayers, or money from user fees, may not: |
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| 37 | 37 | | (1) prohibit, require, discourage, or encourage a |
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| 38 | 38 | | person bidding on the public work contract, including a contractor |
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| 39 | 39 | | or subcontractor, from entering into or adhering to an agreement |
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| 40 | 40 | | with a collective bargaining organization relating to the project; |
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| 41 | 41 | | or |
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| 42 | 42 | | (2) discriminate against a person described by |
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| 43 | 43 | | Subdivision (1) based on the person's involvement in the agreement, |
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| 44 | 44 | | including the person's: |
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| 45 | 45 | | (A) status or lack of status as a party to the |
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| 46 | 46 | | agreement; or |
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| 47 | 47 | | (B) willingness or refusal to enter into the |
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| 48 | 48 | | agreement. |
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| 49 | 49 | | SECTION 3. The changes made by this Act to Section 51.7761, |
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| 50 | 50 | | Education Code, and Section 2269.0541, Government Code, apply only |
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| 51 | 51 | | to a public work contract for which an invitation for offers, |
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| 52 | 52 | | request for proposals, request for qualifications, or other similar |
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| 53 | 53 | | solicitation is first published or distributed on or after the |
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| 54 | 54 | | effective date of this Act. A public work contract for which an |
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| 55 | 55 | | invitation for offers, request for proposals, request for |
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| 56 | 56 | | qualifications, or other similar solicitation is first published or |
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| 57 | 57 | | distributed before the effective date of this Act is governed by the |
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| 58 | 58 | | law in effect at the time the invitation, request, or other |
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| 59 | 59 | | solicitation is published or distributed, and the former law is |
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| 60 | 60 | | continued in effect for that purpose. |
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| 61 | 61 | | SECTION 4. This Act takes effect immediately if it receives |
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| 62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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| 63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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| 65 | 65 | | Act takes effect September 1, 2023. |
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