Bill Text: TX HB4609 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the consideration of sexual harassment claims against contractors in awarding certain state agency contracts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-26 - Referred to State Affairs [HB4609 Detail]
Download: Texas-2019-HB4609-Introduced.html
By: Neave | H.B. No. 4609 |
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relating to the consideration of sexual harassment claims against | ||
contractors in awarding certain state agency contracts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter H, Chapter 2155, Government Code, is | ||
amended by adding Section 2155.4455 to read as follows: | ||
Sec. 2155.4455. SELECTION FACTORS FOR CERTAIN CONTRACTORS; | ||
CERTIFICATION BY CONTRACTOR. (a) The comptroller and each state | ||
agency shall consider as a factor, when selecting a contractor, | ||
whether any sexual harassment claims against the contractor have | ||
been filed with the Texas Workforce Commission or the Equal | ||
Employment Opportunity Commission and whether the contractor has | ||
been found liable in any judicial or administrative proceeding for | ||
sexual harassment. | ||
(b) The comptroller or a state agency may not enter into a | ||
contract with a contractor unless the contractor submits with the | ||
bid, proposal, or other applicable expression of interest in the | ||
contract a written statement disclosing: | ||
(1) whether a sexual harassment claim against the | ||
contractor has been filed with the Texas Workforce Commission or | ||
the Equal Employment Opportunity Commission; | ||
(2) if a sexual harassment claim against the | ||
contractor has been filed with the Texas Workforce Commission or | ||
the Equal Employment Opportunity Commission, the number of claims | ||
filed; | ||
(3) whether the contractor has been found liable for | ||
sexual harassment in a judicial or administrative proceeding; and | ||
(2) if the contractor has been found liable for sexual | ||
harassment in a judicial or administrative proceeding, the number | ||
of findings of liability. | ||
(c) Each contract with the comptroller or a state agency | ||
must include the following statement: | ||
" | ||
(name of contractor) certifies that the | ||
information required by Section 2155.4455, Government Code, is | ||
correct and acknowledges that, if this certification is inaccurate, | ||
the inaccuracy constitutes a default of this contract on notice | ||
from the comptroller or state agency and the contractor may be | ||
barred from participating in contracts with any state agency in | ||
this state." | ||
(d) The comptroller or a state agency shall determine that a | ||
contractor is ineligible for a contract under this section if the | ||
contractor was awarded a contract based on inaccurate information | ||
provided under Subsection (b). | ||
(e) A state agency that determines a contractor is | ||
ineligible for a contract under Subsection (d) shall refer the | ||
matter to the comptroller for action. | ||
(f) Using procedures prescribed by Section 2155.077, the | ||
comptroller shall bar a contractor from participating in a state | ||
agency contract if the comptroller or a state agency has determined | ||
the contractor is ineligible for a contract under this section. | ||
(g) Debarment under this section expires on the third | ||
anniversary of the date of the debarment under Subsection (f). | ||
SECTION 2. Section 2155.4455, 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 the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2019. |