Bill Text: TX HB2105 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to employment restrictions on persons awarded certain government contracts or public subsidies; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-08 - Referred to Economic & Small Business Development [HB2105 Detail]
Download: Texas-2011-HB2105-Introduced.html
82R5775 JE-F | ||
By: Davis of Dallas | H.B. No. 2105 |
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relating to employment restrictions on persons awarded certain | ||
government contracts or public subsidies; providing a civil | ||
penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The legislature finds that: | ||
(1) public agencies procure services in part through | ||
contracts with vendors; | ||
(2) increasingly, vendors carry out, subcontract, or | ||
otherwise procure these services from a location outside the United | ||
States; | ||
(3) international outsourcing exacerbates | ||
unemployment and workforce dislocation and deprives Texas | ||
residents of job opportunities, including industries and jobs this | ||
state has expended public subsidies to attract; | ||
(4) international outsourcing erodes state and local | ||
revenues by drawing jobs and income away from the state; and | ||
(5) international outsourcing may provide less | ||
privacy protection for state residents whose personal information | ||
may, in the course of service delivery, be transmitted to locations | ||
outside the United States. | ||
SECTION 2. Subtitle F, Title 10, Government Code, is | ||
amended by adding Chapter 2267 to read as follows: | ||
CHAPTER 2267. REQUIREMENTS FOR CERTAIN CONTRACTS AND PUBLIC | ||
SUBSIDIES; OUTSOURCING PROHIBITIONS | ||
Sec. 2267.001. DEFINITIONS. In this chapter: | ||
(1) "Public agency" means the state or an agency, | ||
instrumentality, or political subdivision of this state, including | ||
a county, municipality, public school district, or special-purpose | ||
district or authority. | ||
(2) "Public subsidy" means a public program or public | ||
benefit or assistance of any type that is designed to stimulate the | ||
economic development of a corporation, industry, or sector of the | ||
state's economy or to create or retain jobs in this state. The term | ||
includes grants, loans, loan guarantees, benefits relating to an | ||
enterprise or empowerment zone, fee waivers, land price subsidies, | ||
infrastructure development and improvements designed to | ||
principally benefit a single business or defined group of | ||
businesses, matching funds, tax refunds, tax rebates, or tax | ||
abatements. | ||
Sec. 2267.002. CONDITION FOR CONTRACT OR PUBLIC SUBSIDY. | ||
(a) Except as provided by Section 2267.005(a), a public agency may | ||
not award a contract to a vendor, bidder, contractor, or | ||
subcontractor that will perform the work related to the contract | ||
with workers located outside the United States. | ||
(b) Except as provided by Section 2267.005(b), a public | ||
agency may not award or provide a public subsidy to an applicant | ||
that will perform any work related to the subsidy with workers | ||
located outside the United States. | ||
Sec. 2267.003. ELIGIBILITY FOR CONTRACTS AND PUBLIC | ||
SUBSIDIES. (a) In addition to any other eligibility requirements a | ||
vendor, bidder, contractor, or subcontractor must satisfy before | ||
submitting a bid or contract with a public agency, the vendor, | ||
bidder, contractor, or subcontractor must agree in writing to: | ||
(1) perform the services covered by the bid or | ||
contract with workers located in the United States; and | ||
(2) repay the public agency the amount paid to workers | ||
outside of the United States to perform work under the contract in | ||
violation of Section 2267.004(a). | ||
(b) In addition to any other eligibility requirements a | ||
public subsidy applicant must satisfy before receiving a public | ||
subsidy, the applicant must agree in writing to: | ||
(1) perform any services covered by the subsidy with | ||
workers located in the United States; and | ||
(2) repay the public agency the amount of the subsidy | ||
used to pay workers outside of the United States in violation of | ||
Section 2267.004(b). | ||
Sec. 2267.004. OUTSOURCING PROHIBITED. (a) Except as | ||
provided by Section 2267.005(a), the vendor, contractor, or | ||
subcontractor may not employ workers located outside the United | ||
States to perform services under a contract with a public agency. | ||
(b) Except as provided by Section 2267.005(b), a recipient | ||
of a public subsidy may not employ workers located outside the | ||
United States with funds from a public subsidy. | ||
Sec. 2267.005. WAIVERS. (a) A public agency may waive the | ||
requirements of Section 2267.002(a), 2267.003(a), or 2267.004(a) | ||
for a period not to exceed six months for a contract or a bid for a | ||
contract if: | ||
(1) the agency submits a written finding to the state | ||
auditor's office that: | ||
(A) the agency determines a contract is necessary | ||
to respond to an emergency because: | ||
(i) the agency's ability to provide | ||
essential services would be adversely affected if the contract is | ||
not performed; | ||
(ii) public health and safety is threatened | ||
if the contract is not performed; and | ||
(iii) a vendor, bidder, contractor, or | ||
subcontractor that can perform the work related to the contract | ||
with workers located in the United States is not immediately | ||
available to perform the services; or | ||
(B) the agency determines that: | ||
(i) the work related to the contract is | ||
mandatory; and | ||
(ii) workers located in the United States | ||
cannot adequately perform the unique work related to the contract; | ||
and | ||
(2) the state auditor's office determines the finding | ||
submitted under Subdivision (1) to be valid. | ||
(b) A public agency may waive the requirements of Section | ||
2267.002(b), 2267.003(b), or 2267.004(b) for a period not to exceed | ||
six months for a public subsidy if: | ||
(1) the agency submits a written finding to the state | ||
auditor's office that: | ||
(A) the agency determines a public subsidy is | ||
necessary to respond to an emergency because: | ||
(i) the agency's ability to provide | ||
essential services would be adversely affected if the public | ||
subsidy is not awarded; and | ||
(ii) workers located in the United States | ||
are not immediately available to perform the work related to the | ||
subsidy; or | ||
(B) the agency determines that: | ||
(i) the work related to the public subsidy | ||
is mandatory; and | ||
(ii) workers located in the United States | ||
cannot adequately perform the unique work related to the public | ||
subsidy; and | ||
(2) the state auditor's office determines the finding | ||
submitted under Subdivision (1) to be valid. | ||
Sec. 2267.006. TERMINATION OF CONTRACT; REPAYMENT OF | ||
SUBSIDY. (a) If a vendor, contractor, or subcontractor violates | ||
Section 2267.004(a): | ||
(1) the vendor, contractor, or subcontractor shall | ||
repay to the public agency that is a party to the contract the | ||
amount used to pay workers outside of the United States to perform | ||
services under the contract; and | ||
(2) the public agency that is a party to the contract: | ||
(A) shall terminate the contract for | ||
noncompliance; and | ||
(B) may not enter into a contract with the | ||
vendor, contractor, or subcontractor before the fifth anniversary | ||
after the date of termination of the contract. | ||
(b) If a public subsidy recipient violates Section | ||
2267.004(b): | ||
(1) the recipient shall repay the public agency that | ||
awarded the subsidy the amount of the subsidy used to pay workers | ||
outside of the United States; and | ||
(2) the public agency that awarded the public subsidy | ||
may not award a public subsidy to the recipient before the fifth | ||
anniversary after the date the recipient repays the subsidy. | ||
Sec. 2267.007. ATTORNEY'S FEES AND COSTS. A public agency | ||
may bring a civil action to recover damages in a district court. If | ||
the public agency prevails in the civil action, the court shall | ||
award reasonable attorney's fees and costs to the agency. | ||
SECTION 3. Chapter 2267, Government Code, as added by this | ||
Act, applies only to a bid for a contract submitted or an | ||
application for a public subsidy filed on or after the effective | ||
date of this Act. A bid for a contract submitted or an application | ||
filed before the effective date of this Act is governed by the law | ||
in effect on the date the bid was submitted or the application was | ||
filed, and that law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2011. |