Bill Text: TX HB665 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the requirement that contractors verify compliance with wage payment laws in contracts with public bodies.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-03-22 - Left pending in committee [HB665 Detail]
Download: Texas-2017-HB665-Introduced.html
| 85R4310 YDB-D | ||
| By: Canales | H.B. No. 665 | |
|
|
||
|
|
||
| relating to the requirement that contractors verify compliance with | ||
| wage payment laws in contracts with public bodies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2252, Government Code, is amended by | ||
| adding Subchapter F to read as follows: | ||
| SUBCHAPTER F. CONTRACTING REQUIREMENTS AND RESTRICTIONS | ||
| Sec. 2252.201. APPLICABILITY. This subchapter applies to a | ||
| public body of: | ||
| (1) a state agency, as defined by Section 315.002; and | ||
| (2) a political subdivision, as defined by Section | ||
| 609.001. | ||
| Sec. 2252.202. CERTIFICATION BY CONTRACTOR. (a) A public | ||
| body may not contract for goods or services in this state unless the | ||
| contractor certifies in writing to the public body that within the | ||
| five years preceding the date of the contract the contractor, | ||
| including any subcontractor, has not admitted guilt or been found | ||
| guilty or liable in any judicial or administrative proceeding for a | ||
| repeated or wilful violation of Chapter 61 or 62, Labor Code, the | ||
| Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), or | ||
| any similar statute or regulation of any state that governs the | ||
| payment of wages. | ||
| (b) Each contract with a public body must include the | ||
| following statement: | ||
| "__________ (name of contractor) certifies that __________ | ||
| (name of contractor and any subcontractor) is not ineligible for | ||
| this contract under Subchapter F, Chapter 2252, Government Code, | ||
| and acknowledges that, if this certification is inaccurate, the | ||
| inaccuracy constitutes a default of this contract on notice from | ||
| the public body and the contractor may be barred from participating | ||
| in contracts with any public body in this state." | ||
| Sec. 2252.203. DEBARMENT. (a) A public body that | ||
| determines a contractor is ineligible for a contract under Section | ||
| 2252.202 shall refer the matter to the comptroller for action. | ||
| (b) Using procedures prescribed by Section 2155.077, the | ||
| comptroller shall bar a contractor from participating in a contract | ||
| with a public body if the comptroller determines that the | ||
| contractor was awarded a contract in violation of Section 2252.202 | ||
| or became ineligible for the contract under that section during the | ||
| term of the contract. | ||
| (c) Debarment under this section expires on the fifth | ||
| anniversary of the determination under Subsection (b). | ||
| Sec. 2252.204. ADMINISTRATIVE PROCEDURES. Each public body | ||
| shall develop procedures for the administration of this subchapter. | ||
| SECTION 2. Each public body of a state agency or political | ||
| subdivision of this state that is subject to Subchapter F, Chapter | ||
| 2252, Government Code, as added by this Act, shall develop the | ||
| procedures required under Section 2252.204, Government Code, as | ||
| added by this Act, not later than October 1, 2017. | ||
| SECTION 3. Subchapter F, Chapter 2252, 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 January 1, 2018. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
