| 1 | 1 | | 89R13057 RDS-D |
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| 2 | 2 | | By: McLaughlin H.B. No. 3573 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to certain prohibited considerations in contracting by |
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| 10 | 10 | | governmental entities and the elimination of the state's |
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| 11 | 11 | | historically underutilized business program. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
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| 14 | 14 | | amended by adding Section 2252.911 to read as follows: |
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| 15 | 15 | | Sec. 2252.911. PROHIBITED CONSIDERATIONS IN CONTRACTING. |
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| 16 | 16 | | (a) In this section, "governmental entity" has the meaning |
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| 17 | 17 | | assigned by Section 2252.001. |
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| 18 | 18 | | (b) Notwithstanding any other law, a governmental entity |
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| 19 | 19 | | may not award a contract or provide preferential treatment to a |
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| 20 | 20 | | person submitting a bid for a contract on the basis of race, color, |
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| 21 | 21 | | ethnicity, sex, gender identity, or sexual orientation. |
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| 22 | 22 | | SECTION 2. Chapter 2161, Government Code, is repealed. |
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| 23 | 23 | | SECTION 3. The repeal by this Act of Chapter 2161, |
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| 24 | 24 | | Government Code, does not apply to a transfer of funds directed by |
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| 25 | 25 | | the Legislative Budget Board under Section 2161.005, Government |
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| 26 | 26 | | Code, before the effective date of this Act. A transfer of funds |
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| 27 | 27 | | directed by the Legislative Budget Board before the effective date |
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| 28 | 28 | | of this Act is governed by that section as it existed immediately |
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| 29 | 29 | | before the effective date of this Act, and the former law is |
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| 30 | 30 | | continued in effect for that purpose. |
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| 31 | 31 | | SECTION 4. The changes in law made by this Act apply only to |
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| 32 | 32 | | a contract entered into on or after the effective date of this Act. |
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| 33 | 33 | | A contract entered into before that date is governed by the law in |
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| 34 | 34 | | effect on the date the contract was entered into, and the former law |
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| 35 | 35 | | is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 5. This Act takes effect September 1, 2025. |
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