Bill Text: TX HB258 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to a prohibition on the award of a state agency contract to a person in a state with laws allowing or requiring discrimination based on sexual orientation or gender identity or expression.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-13 - Referred to State Affairs [HB258 Detail]
Download: Texas-2017-HB258-Introduced.html
85R2564 AAF-D | ||
By: Anchia | H.B. No. 258 |
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relating to a prohibition on the award of a state agency contract to | ||
a person in a state with laws allowing or requiring discrimination | ||
based on sexual orientation or gender identity or expression. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 2155, Government Code, is | ||
amended by adding Section 2155.008 to read as follows: | ||
Sec. 2155.008. PROHIBITION ON BIDS AND CONTRACTS INVOLVING | ||
STATES WITH CERTAIN DISCRIMINATORY LAWS. (a) In this section: | ||
(1) "Gender identity or expression" means having or | ||
being perceived as having gender-related identity, appearance, | ||
expression, or behavior, regardless of whether that identity, | ||
appearance, expression, or behavior is different from that commonly | ||
associated with the individual's actual or perceived sex. | ||
(2) "Sexual orientation" means the actual or perceived | ||
status of an individual with respect to the individual's sexuality. | ||
(b) A state agency may not accept a bid or award a contract | ||
that includes proposed financial participation by an individual | ||
residing in or a business entity conducting business in a state | ||
that, after June 26, 2015, enacted a law to: | ||
(1) void or repeal any existing protection against | ||
discrimination on the basis of sexual orientation or gender | ||
identity or expression; or | ||
(2) authorize or require discrimination against | ||
same-sex couples or their families or on the basis of sexual | ||
orientation or gender identity or expression. | ||
(c) A bid or award subject to the requirements of this | ||
section must include the following statement: | ||
"Under Section 2155.008, Government Code, the vendor | ||
certifies that the individual or business entity named in this bid | ||
or contract is not ineligible to receive the specified contract and | ||
acknowledges that this contract may be terminated and payment | ||
withheld if this certification is inaccurate." | ||
(d) If a state agency determines that an individual or | ||
business entity holding a state contract was ineligible to have the | ||
bid accepted or contract awarded under Subsection (b), the state | ||
agency may immediately terminate the contract without further | ||
obligation to the vendor. | ||
(e) This section does not create a cause of action to | ||
contest a bid or award of a state contract. | ||
SECTION 2. Section 2155.008, Government Code, as added by | ||
this Act, applies only to a contract for which a state agency first | ||
advertises or otherwise solicits bids, proposals, offers, | ||
qualifications, or other similar expressions of interest on or | ||
after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2017. |