Bill Text: TX HB169 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the requirement that contractors verify compliance with wage payment laws in governmental contracts with governmental entities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-13 - Referred to State Affairs [HB169 Detail]
Download: Texas-2019-HB169-Introduced.html
| 86R1062 YDB-D | ||
| By: Canales | H.B. No. 169 | |
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| relating to the requirement that contractors verify compliance with | ||
| wage payment laws in governmental contracts with governmental | ||
| entities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2252, Government Code, is amended by | ||
| adding Subchapter H to read as follows: | ||
| SUBCHAPTER H. CONTRACTING REQUIREMENTS AND RESTRICTIONS | ||
| Sec. 2252.251. DEFINITIONS. In this subchapter: | ||
| (1) "Contractor" means a person, including a firm or | ||
| corporation, that enters into a governmental contract with a | ||
| governmental entity. | ||
| (2) "Governmental contract" has the meaning assigned | ||
| by Section 2252.001. | ||
| (3) "Governmental entity" has the meaning assigned by | ||
| Section 2252.001. | ||
| (4) "Subcontractor" means a person, including a firm | ||
| or corporation, that furnishes labor or materials to fulfill an | ||
| obligation to a contractor under a governmental contract. | ||
| Sec. 2252.252. CERTIFICATION BY CONTRACTOR. (a) A | ||
| governmental entity may not enter into a governmental contract with | ||
| a contractor unless the contractor certifies in writing to the | ||
| entity that during the three years preceding the date of the | ||
| contract the contractor, including any subcontractor, was not found | ||
| guilty or liable in any judicial or administrative proceeding more | ||
| than once for a violation of Chapter 2258 of this code, Chapter 61 | ||
| or 62, Labor Code, including Sections 61.019 and 61.053, Labor | ||
| Code, Section 31.04, Penal Code, the Fair Labor Standards Act of | ||
| 1938 (29 U.S.C. Section 201 et seq.), the Davis-Bacon Act (40 U.S.C. | ||
| Section 3141 et seq.), or any similar statute or regulation of any | ||
| state that governs the payment of wages. | ||
| (b) Each governmental contract with a governmental entity | ||
| must include the following statement: | ||
| "__________ (name of contractor) certifies that __________ | ||
| (name of contractor and any subcontractor) is not ineligible for | ||
| this contract under Subchapter H, Chapter 2252, Government Code, | ||
| and acknowledges that, if this certification is inaccurate, the | ||
| inaccuracy constitutes a default of this contract on notice from | ||
| the governmental entity and the contractor may be barred from | ||
| participating in contracts with any governmental entity in this | ||
| state." | ||
| Sec. 2252.253. INELIGIBILITY DETERMINATION; DEBARMENT. | ||
| (a) A governmental entity shall determine a contractor to be | ||
| ineligible for a governmental contract under Section 2252.252 if: | ||
| (1) the contractor was awarded a governmental contract | ||
| in violation of Section 2252.252; or | ||
| (2) during the term of the contract, the contractor | ||
| became ineligible for the contract under Section 2252.252(a) | ||
| because the contractor was found guilty or liable more than once for | ||
| a violation of a statute or regulation described by that | ||
| subsection. | ||
| (b) A governmental entity that determines a contractor is | ||
| ineligible for a contract under Subsection (a) shall refer the | ||
| matter to the comptroller for action. | ||
| (c) Using procedures prescribed by Section 2155.077, the | ||
| comptroller shall bar a contractor that a governmental entity has | ||
| determined is ineligible for a contract under Subsection (a) from | ||
| participating in a governmental contract with a governmental | ||
| entity. | ||
| (d) Debarment under this section expires on the third | ||
| anniversary of the date of the debarment under Subsection (c). | ||
| Sec. 2252.254. ADMINISTRATIVE PROCEDURES. Each | ||
| governmental entity shall develop procedures for the | ||
| administration of this subchapter. | ||
| SECTION 2. Each governmental entity of this state that is | ||
| subject to Subchapter H, Chapter 2252, Government Code, as added by | ||
| this Act, shall develop the procedures required under Section | ||
| 2252.254, Government Code, as added by this Act, not later than | ||
| October 1, 2019. | ||
| SECTION 3. Subchapter H, Chapter 2252, Government Code, as | ||
| added by this Act, applies only to a contract for which the request | ||
| for bids or proposals or other applicable expressions of interest | ||
| is made public on or after January 1, 2020. | ||
| SECTION 4. This Act takes effect September 1, 2019. | ||
