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.
Sponsorship: Partisan Bill (Democrat 1)
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. | ||
