Bill Text: TX HB1817 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the validity of a contract for which a disclosure of interested parties is required.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-09 - Effective immediately [HB1817 Detail]
Download: Texas-2023-HB1817-Enrolled.html
| H.B. No. 1817 | ||
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| relating to the validity of a contract for which a disclosure of | ||
| interested parties is required. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 2252.908, Government Code, is amended by | ||
| adding Subsection (f-1) to read as follows: | ||
| (f-1) A contract described by Subsection (b) entered into by | ||
| a governmental entity or state agency is voidable for failure to | ||
| provide the disclosure of interested parties required by this | ||
| section only if: | ||
| (1) the governmental entity or state agency submits to | ||
| the business entity written notice of the business entity's failure | ||
| to provide the required disclosure; and | ||
| (2) the business entity fails to submit to the | ||
| governmental entity or state agency the required disclosure on or | ||
| before the 10th business day after the date the business entity | ||
| receives the written notice under Subdivision (1). | ||
| SECTION 2. A court in which a suit challenging the validity | ||
| of a contract described by Section 2252.908(b), Government Code, is | ||
| pending on the effective date of this Act may require the | ||
| governmental entity or state agency to provide the written notice | ||
| required under Section 2252.908(f-1), Government Code, as added by | ||
| this Act, if the court finds that failure to enforce that | ||
| requirement would cause an inequitable or unjust result for the | ||
| parties to the suit. | ||
| SECTION 3. A contract described by Section 2252.908(b), | ||
| Government Code, that was executed before the effective date of | ||
| this Act is presumed to have been properly executed in accordance | ||
| with Section 2252.908, Government Code, if an action to void or | ||
| invalidate the contract has not been filed with a court in this | ||
| state before 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 certify that H.B. No. 1817 was passed by the House on May 2, | ||
| 2023, by the following vote: Yeas 139, Nays 3, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1817 was passed by the Senate on May | ||
| 18, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
