Bill Text: TX SB19 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to prohibited contracts with companies that discriminate against the firearm or ammunition industries.
Spectrum: Partisan Bill (Republican 25-0)
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB19 Detail]
Download: Texas-2021-SB19-Comm_Sub.html
Bill Title: Relating to prohibited contracts with companies that discriminate against the firearm or ammunition industries.
Spectrum: Partisan Bill (Republican 25-0)
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB19 Detail]
Download: Texas-2021-SB19-Comm_Sub.html
87R22359 MWC-F | ||
By: Schwertner, et al. | S.B. No. 19 | |
(Capriglione) | ||
Substitute the following for S.B. No. 19: No. |
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relating to prohibited contracts with companies that discriminate | ||
against the firearm or ammunition industries. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 10, Government Code, is | ||
amended by adding Chapter 2274 to read as follows: | ||
CHAPTER 2274. PROHIBITION ON CONTRACTS WITH COMPANIES THAT | ||
DISCRIMINATE AGAINST FIREARM AND AMMUNITION INDUSTRIES | ||
Sec. 2274.001. DEFINITIONS. In this chapter: | ||
(1) "Ammunition" means a loaded cartridge case, | ||
primer, bullet, or propellant powder with or without a projectile. | ||
(2) "Company" means a for-profit organization, | ||
association, corporation, partnership, joint venture, limited | ||
partnership, limited liability partnership, or limited liability | ||
company, including a wholly owned subsidiary, majority-owned | ||
subsidiary, parent company, or affiliate of those entities or | ||
associations that exists to make a profit. | ||
(3) "Discriminate against a firearm entity or firearm | ||
trade association": | ||
(A) means, with respect to the entity or | ||
association, to: | ||
(i) refuse to engage in the trade of any | ||
goods or services; | ||
(ii) refrain from continuing an existing | ||
business relationship; | ||
(iii) terminate an existing business | ||
relationship; or | ||
(iv) otherwise express a prejudice against | ||
the entity or association; and | ||
(B) does not include the established policies of | ||
a merchant, retail seller, or platform that restrict or prohibit | ||
the listing or selling of ammunition, firearms, or firearm | ||
accessories. | ||
(4) "Firearm" means a weapon that expels a projectile | ||
by the action of explosive or expanding gases. | ||
(5) "Firearm accessory" means a device specifically | ||
designed or adapted to enable an individual to wear, carry, store, | ||
or mount a firearm on the individual or on a conveyance and an item | ||
used in conjunction with or mounted on a firearm that is not | ||
essential to the basic function of the firearm. The term includes a | ||
detachable firearm magazine. | ||
(6) "Firearm entity" means: | ||
(A) a firearm, firearm accessory, or ammunition | ||
manufacturer, distributor, wholesaler, supplier, or retailer; and | ||
(B) a sport shooting range as defined by Section | ||
250.001, Local Government Code. | ||
(7) "Firearm trade association" means any person, | ||
corporation, unincorporated association, federation, business | ||
league, or business organization that: | ||
(A) is not organized or operated for profit and | ||
for which none of its net earnings inures to the benefit of any | ||
private shareholder or individual; | ||
(B) has two or more firearm entities as members; | ||
and | ||
(C) is exempt from federal income taxation under | ||
Section 501(a), Internal Revenue Code of 1986, as an organization | ||
described by Section 501(c) of that code. | ||
(8) "Governmental entity" has the meaning assigned by | ||
Section 2251.001. | ||
Sec. 2274.002. PROVISION REQUIRED IN CONTRACT. (a) This | ||
section applies only to a contract to be paid partly or wholly from | ||
public funds between a governmental entity and a company with at | ||
least 10 full-time employees that has a value of at least $100,000. | ||
(b) Except as provided by Section 2274.003, a governmental | ||
entity may not enter into a contract with a company for the purchase | ||
of goods or services unless the contract contains a written | ||
verification from the company that it: | ||
(1) does not have a practice, policy, guidance, or | ||
directive that discriminates against a firearm entity or firearm | ||
trade association based solely on its status as a firearm entity or | ||
firearm trade association; and | ||
(2) will not discriminate during the term of the | ||
contract against a firearm entity or firearm trade association | ||
based solely on its status as a firearm entity or firearm trade | ||
association. | ||
Sec. 2274.003. CERTAIN CONTRACTS EXEMPTED. (a) A contract | ||
entered into in connection with or relating to the issuance, sale, | ||
or delivery of notes under Subchapter H, Chapter 404, or the | ||
administration of matters related to the notes, including the | ||
investment of note proceeds, is exempt from this chapter if, in the | ||
comptroller's sole discretion, the comptroller determines that | ||
compliance with Section 2274.002 is likely to prevent: | ||
(1) an issuance, sale, or delivery that is sufficient | ||
to address the general revenue cash flow shortfall forecast; or | ||
(2) the administration of matters related to the | ||
notes. | ||
(b) Before making a determination under Subsection (a), the | ||
comptroller must: | ||
(1) survey potential respondents or bidders to a | ||
solicitation for a contract described by Subsection (a) to | ||
determine the number of qualified potential respondents or bidders | ||
that are able to provide the written verification required by | ||
Section 2274.002; and | ||
(2) evaluate the historical bidding performance of | ||
qualified potential bidders. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a contract entered into on or after the effective date of this | ||
Act. A contract entered into before the effective date of this Act | ||
is governed by the law as it existed immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 3. This Act takes effect September 1, 2021. |