February 10 2017 Report
85TH TEXAS LEGISLATURE PURCHASING RELATED BILLS As of February 10, 2017
HB 135
Relating to reporting by political subdivisions regarding the receipt or expenditure of federal funds.
Author:
Krause
Affected Statutes: Local Government Code, Chapter 140 Effective:
September 1, 2017
Requirements:
Federal Grants. Agencies must report to the Legislative Budget Board, the comptroller, and the Governor not later than the 90th day of the political subdivisions fiscal year, any federal grant or other federal funds that have not been appropriated by the legislature. Must report the total amount of the funds received and the proposed use of the funds.
Companion:
SB446 - Similar
Actions:
11/14/16 - Filed
HB 411
Relating to requiring photo identification for certain purchases paid with a credit card o debit card.
Author:
Longoria
Affected Statutes: Business & Commerce Code (adding to) Effective:
January 1, 2018
Requirements:
Credit Card ID. Merchant may not accept a credit/debit card for payment of a face-to-face transaction without presenting photo identification verifying identity for transactions over $200; the purchase of a gift card. Merchant does not have to have photo identification if the cardholder is required to electronically enter their zip code or pin number. Merchant is liable to the cardholder or financial institution for all losses attributed to the violation.
Actions:
11/18/16 - Filed
HB 648
Relating to the effect of certain agreements with a collective bargaining organization on certain state-funded public work contracts.
Author:
Parker
Affected Statutes: Education Code 51 Government Code 2269 Effective:
September 1, 2017
Requirements:
Collective Bargaining Organizations: would provide that a governmental entity, including a city, awarding a public work contract funded with state money, including the issuance of debt guaranteed by this state, may not: 1) prohibit, require, discourage, or encourage a person bidding on the public work contract, including a contractor or subcontractor, from entering into or adhering to an agreement with a collective bargaining organization relating to the project; or 2) discriminate against a person described by (1) based on the person’s involvement in the agreement, including the person’s status or lack of status as a party to the agreement or willingness or refusal to enter into the agreement.
Companion:
SB452 - Identical
Actions:
12/19/16 - Filed
HB 665
Relating to the requirement that contractors verify compliance with wage payment laws in contacts with public bodies.
Author:
Canales
Affected Statutes: Government Code 2252, Adding Subchapter F Effective:
September 1, 2018
Requirements:
Contracts. Would provide that 1) a public body (which includes cities) cannot contract with a contractor unless the contractor certifies, in writing, to a public body that within the five years preceding the date of the contract, the contractor, including subcontractors, has not admitted guilt or been found guilty or liable in any judicial or administrative proceedings for a repeated or willful violation of the payment of wages or minimum wage statutes, the Fair Labor Standard Act, or any similar statute or regulation of any state that governs the payment of wages; 2) each contract with a public body has to have a specific prescribed statement included; 3) a contractor shall be disbarred from participating in contracts with a public body by the comptroller if the public body determines that a contractor is ineligible for a contract under (1) and reports to the comptroller its determination; and 4) each public body shall develop procedures for the administration of (1).
Actions:
12/20/16 - Filed
HB 770
Relating to the purchase of iron, steel, and manufactured goods made in the US by the Texas Dept. of Criminal Justice for state, state-aided, and governmental entity construction projects for imprisonment facilities.
Author:
Davis, Yvonne/Reynolds
Affected Statutes: Government Code 2166 Effective:
September 1, 2017
Requirements:
Procurement. Would require that the iron, steel, and manufactured goods used in many state-aided city construction projects be produced in the US, unless the governing body of the entity responsible for the project determines that: 1) iron, steel, or specific manufactured goods are not produced in the US in sufficient and reasonably available quantities and of a satisfactory quality; or 2) inclusion of iron, steel, or specific manufactured goods produced in the US will increase the total cost of the iron, steel, or specific manufactured goods for the project by more than 15 percent.
Companion:
None
Actions:
12/28/16 - Filed
HB 792
Relating to the exception from disclosure under the public information law for information related to competition or bidding.
Author:
Capriglione
Affected Statutes: Government Code 552 Effective:
September 1, 2017
Requirements:
Public Information. Amends what information may be released from a bid/proposal received by a governmental agency. Requires an agency to demonstrate how the release of certain information would harm its interests by providing an advantage to a competitor of bidder. We still have to provide the bid/proposal and information contained in bid/proposal and the contract after award. Amends releasing information where a person’s privacy or property interest may be involved allowing the agency to decline the release of the information to obtain an Attorney General opinion.
Companion:
SB 407 - Identical
Actions:
01/03/17 - Filed
HB 839
Relating to the availability under the public information law of information contained in a bid or proposal after a contract is executed or awarded.
Author:
Ortega
Coauthor:
Capriglione
Affected Statutes: Government Code 552 Effective:
September 1, 2017
Requirements:
Public Information. Amends what information may be released from a bid/proposal received by a governmental agency. We still have to provide the bid/proposal and information contained in bid/proposal and the contract after award. Amends releasing information where a person’s privacy or property interest may be involved allowing the agency to decline the release of the information to obtain an Attorney General opinion.
Companion:
SB 425 - Identical
Actions:
01/05/17 - Filed
HB 863
Relating to safety training for employees performing construction work under a contract with a governmental agency; providing administrative penalties.
Author:
Hernandez
Affected Statutes: Government Code 2252 Effective:
September 1, 2017
Requirements:
Construction Contracts. Would provide that 1) a governmental entity that enters into a construction contract must require that the contractor ensure that all employees working on the general construction site have completed at least 10 hours of construction safety training; 2) before an employee works on the general construction site, the contractor must receive and provide to the entity a certificate of training completion for each employee; 3) an entity that enters into a construction contract shall include in the contract notice and penalty provisions that a) require the governmental entity to provide the contractor with written notice of a violation of the bid by the contractor; b) require the contractor to comply by the 20th day after the date the contractor receives any notice of noncompliance; c) inform a contractor that the governmental entity may impose an administrative penalty if the contractor fails to comply after the 20th day after the date the contractor receives any notice of noncompliance; and d) explain that a penalty amount may be withheld from a payment otherwise owed to the contractor under the construction contract; and 4) each gov. entity shall develop procedures for the administration of the bill.
Companion:
SB 475 - Similar
Actions:
01/09/17 - Filed
HB 1142
Relating to prohibiting governmental contracts with a company doing business with Iran, Sudan, or a foreign terrorist organization.
Author:
Davis, Sarah
Affected Statutes: Government Code 2252 Effective:
September 1, 2017
Requirements:
Terrorists. Includes municipalities. Adds Subchapter F, Chapter 2252 to prohibit governmental agencies from doing business with “foreign terrorist organizations” as designated by the US Secretary of State and defines a government contract as a contract for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment and includes professional or consulting services. The Comptroller shall prepare, maintain, and make a list available to each entity of companies known to have contracts with or provide supplies or services to a foreign terrorist organization.
Companion:
SB 252 – Identical
Actions:
01/19/17 - Filed
HB 1281
Relating to historically underutilized businesses and to goods and services purchased by governmental entities; providing penalties. Adds “attorneys” to professional service list. WATCHING THIS ONE TO SEE IF THEY AMEND TO INCLUDE CITIES
Author:
Reynolds
Affected Statutes: Government Code 2155, 2161, 2254 Effective:
September 1, 2017
Requirements:
HUBs. Adds historically underutilized businesses to the list of criteria for a best value bid in Section 2155.074(b). Deletes the “20% service-disabled” status to the veteran in 2155.444. Adds rotation criteria to vendors on the HUB directory in Section 2161.064 to 1) previously awarded bidder, 2) businesses added to the list after last solicitation, 3) businesses included in the section selected for the solicitation. Adds 2161.067 for “joint ventures” as a HUB classification. Definition of joint venture is an association of two or more individuals/businesses, with at least one, 1) which is a HUB, 2) which carries on a single business activity, 3) which is certified by the Comptroller, and 4) which is limited in scope and duration. Section 2254.002 Adds “attorneys” to the professional services list.
Actions:
01/25/17 - Filed
SB 23
Relating to requiring state contractors to participate in the federal E-Verify program.
Author:
Schwertner, Bettencourt, Birdwell, Benton, Campbell, Creighton, Hancock, Huffines, Huffman, Hughes, Kolkhorst, nelson, Perry, Seliger, Taylor, Van
Co-Author:
Buckingham, Estes, Hall, Nichols
Affected Statutes: Government Code 2264 Effective:
September 1, 2017
Requirements:
E-Verify. Includes cities. Would provide that a state agency may not award a contract for goods or services within this state to a contractor unless the contractor registers with and participates in the E-Verify program to verify employee information. A city could conceivably be considered a “contractor” of the state in certain situations.
Companion:
SB 254 - duplicate
Actions:
02/01/17 – Co-Author Authorized 1/30/17 – Co-Author Authorized 1/25/17 – Co-Author Authorized 1/24/17 – Referred to Business & Commerce 01/24/17 Read Fit Time 12/19/16 - Filed
SB 85
Relating to the verification of employment authorization by state contractors and state grant recipients, including the use of the federal E-Verify program, and to provide authorization for the suspension of certain licenses held by private employers for knowing employment of persons not lawfully present in this state; authorizing a fee.
Author:
Hall
Affected Statutes: Government Code 2264 & Labor Code Effective:
September 1, 2017
Requirements:
Contractors & Sub-Contractors for E-Verify. Would provide that a state agency may not award a contract for goods or services within this state to a contractor unless the contractor registers with and participates in the E-Verify program to verify employee information. A city could conceivably be considered a “contractor” of the state in certain situations. Contracts must include language certifying in compliance. Provides for debarment and other penalties if violated plus other requirements. Large bill.
Actions:
1/24/17 – Referred to Business & Commerce 01/24/17 Read First Time 11/14/16 - Filed
SB 252
Relating to prohibiting governmental contracts with a company doing business with Iran, Sudan, or a foreign terrorist organization.
Author:
Taylor, Van
Affected Statutes: Government Code 2252 Effective:
September 1, 2017
Requirements:
Terrorists. Would provide that a (1) a governmental entity, which includes a municipality, may not enter into a governmental contract with a company that does business with Iran, Sudan, or any known terrorist organization; and (2) the comptroller shall prepare and maintain and make available to each governmental entity, a list of companies known to have contracts with or provide supplies or services to a foreign terrorist organization.
Companion:
HB 1142 - Identical
Actions:
1/30/17 – Referred to Business & Commerce 01/30/17 Read First Time 11/22/16 - Filed
SB 254
Relating to requiring state contractors to participate in the federal E-Verify program.
Author:
Schwertner
Affected Statutes: Government Code 2264 Effective:
September 1, 2017
Requirements:
E-Verify. Would provide that a state agency may not award a contract for goods or services within this state to a contractor unless the contractor registers with and participates in the EVerify program to verify employee information. A city could conceivably be considered a “contractor” of the state in certain situations.
Companion:
SB 23 – Duplicate
Actions:
01/30/17 – Referred to Business & Commerce 01/30/17 Read First Time 11/28/16 - Filed
SB 262
Relating to certain DIR purchases by state agencies and local governments.
Author:
Zaffirini
Affected Statutes: Government Code 2157 Effective:
September 1, 2017
Requirements:
DIR Purchases. Local governments all allowed to participate in state contracts pursuant to Government Code Chapter 2157.006. This bill now requires local governments to adhere to the procedures outlined 2157.068 (e-1), which states: 1) for a contract value less than $50K, the agency may award a contract directly to a vendor without other quotes; 2) for contracts value of more than $50K but less than $150K, the agency must submit a request for pricing to at least 3 vendors on the list in the category to which the contract applies; 3) for contracts in value of more than $150K but not less than $1 million the agency must submit a request for pricing to at least 6 vendors in the category to which the contract applies (or all of them if less than 6 on the list).
Actions:
01/30/17 – Referred to Business & Commerce 01/30/17 - Read First Time 11/29/16 - Filed
SB 407
Relating to the exception from disclosure under the public information law for information related to competition or bidding.
Author:
Watson
Co-Author:
Burton, Hinojosa, Huffines, Nelson
Affected Statutes: Government Code 552 Effective:
September 1, 2017
Requirements:
Public Information. Amends what information may be released from a bid/proposal received by a governmental agency. Requires an agency to demonstrate how the release of certain information would harm its interests by providing an advantage to a competitor of bidder. We still have to provide the bid/proposal and information contained in bid/proposal and the contract after award. Amends releasing information where a person’s privacy or property interest may be involved allowing the agency to decline the release of the information to obtain an Attorney General opinion.
Companion:
HB 792 – Identical
Actions:
02/01/17 – Referred to Business & Commerce 02/01/17 – Read first time 02/01/17 – Co-Author Authorized 01/24/17 – Co-Author Authorized 01/18/17 – Co-Author Authorized 01/03/17 - Filed
SB 425
Relating to the availability under the public information law of information contained in a bid or proposal after a contract is executed or awarded.
Author:
Rodriguez
Affected Statutes: Government Code 552 Effective:
September 1, 2017
Requirements:
Public Information. Amends what information may be released from a bid/proposal received by a governmental agency. We still have to provide the bid/proposal and information contained in bid/proposal and the contract after award. Amends releasing information where a person’s privacy or property interest may be involved allowing the agency to decline the release of the information to obtain an Attorney General opinion.
Companion:
HB 839 – Identical
Actions:
02/01/17 – Referred to Business & Commerce 02/01/17 – Read first time 01/06/17 - Filed
SB 446
Relating to acceptance or expenditure of federal funds by a political subdivision.
Author:
Burton
Affected Statutes: Local Government Code, Chapter 140 Effective:
September 1, 2017
Requirements:
Federal Grants. Agencies must report to the Legislative Budget Board, the comptroller, and the Governor no later than the 90th day of the political subdivisions fiscal year, any federal grant or other federal funds that have not been appropriated by the legislature. Must report the total amount of the funds received and the proposed use of the funds. The comptroller may develop and maintain an online reporting system for information required and make available to the public a searchable database of information reported (in addition to HB135).
Companion:
HB 135 - Similar.
Actions:
02/06/17 – Referred to Finance 02/06/17 – Read first time 01/09/17 – Filed
SB 452
Relating to the effect of certain agreements with a collective bargaining organization on certain state-funded public work contracts.
Author:
Hancock
Affected Statutes: Education Code 51 & Government Code 2269 Effective:
September 1, 2017
Requirements:
Collective Bargaining Organizations: would provide that a governmental entity, including a city, awarding a public work contract funded with state money, including the issuance of debt guaranteed by this state, may not: 1) prohibit, require, discourage, or encourage a person bidding on the public work contract, including a contractor or subcontractor, from entering into or adhering to an agreement with a collective bargaining organization relating to the project; or 2) discriminate against a person described by (1) based on the person’s involvement in the agreement, including the person’s status or lack of status as a party to the agreement or willingness or refusal to enter into the agreement.
Companion:
HB648 - Identical.
Actions:
02/06/17 – Referred to Business & Commerce 02/06/17 – Read first time 01/10/17 – Filed
SB 474
Relating to required provision of workers’ compensation insurance coverage for employees of building and construction contractors and subcontractors.
Author:
Rodriguez & Garcia
Affected Statutes: Labor Code Section 406 Effective:
September 1, 2017
Requirements:
Workers’ Compensation. Would provide that 1) a contractor shall provide workers’ compensation insurance coverage for each employee of the contractor; 2) a subcontractor shall provide worker’s compensation insurance coverage for each employee of the subcontractor; 3) a governmental entity that enters into a building or construction contract shall require the contractor to, if the contractor uses a subcontractor on the public project, provide a written certification, submitted by each subcontractor, that the subcontractor provides workers’ compensation insurance coverage for each employee of the sub employed on the public project; 4) each subcontractor on a public project shall provide the certificate described by Subsection (3) to the general contractor, who shall provide the subcontractor’s certificate to the governmental entity; and 5) if the contractor enters into a contract with a governmental entity for a public project, the coverage provided by the contractor and, if applicable, by each sub must be satisfactory to the governing body of the governmental entity.
Actions:
02/06/17 – Referred to Business & Commerce 02/06/17 – Read first time 01/12/17 – Filed
SB 475
Relating to safety training for employees performing construction work under a contract with a governmental agency; providing administrative penalties.
Author:
Rodriguez & Garcia
Affected Statutes: Government Code 2252 Effective:
September 1, 2017
Requirements:
Construction Contracts. Would provide that 1) to the extent consistent with federal law, a governmental entity that enters into a construction contract must require that the contractor ensure that all employees working on the general construction site have completed at least 10 hours of construction safety training; 2) before an employee works on the general construction site, the contractor must receive and provide to the entity a certificate of training completion for each employee; 3) to the extent consistent with federal law, an entity that enters into a construction contract must require that the contractor ensure that at least one supervisor working on the site has completed advanced construction safety training; 4) before work begins on the general construction site, the contractor must receive from at least one supervisor a certificate of training completion and provide the certificate to the gov entity; 5) a gov entity that enters into a construction contract shall include in the contract notice and penalty provisions that 6) (a) require the gov entity to provide the contractor with written notice, hand delivered or by certified mail, of a violation by the contractor; (b) require the contractor to comply with the bill by the 20th day after the date the contractor receives any notice of non-compliance; (c) inform a contractor that the gov entity may impose an administrative penalty if the contractor fails to comply with the bill after the 20th day after the date the contractor receives any notice of
non-compliance; and (d) explain that a penalty amount may be withheld from a payment otherwise owned to the contractor under the construction contract; and (7) each governmental entity shall develop procedures for the administration of the bill. Same as HB 863 but adds: 1) definition for advanced safety training approved by OSHA and 30 hours; 2) requires, to the extent consistent with Federal Law, at least one supervisor must complete advanced safety training. Companion:
HB 863 - Similar
Actions:
02/06/17 – Referred to Business & Commerce 02/06/17 – Read first time 01/12/17 - Filed
HB 135
Relating to reporting by political subdivisions regarding the receipt or expenditure of federal funds.
Author:
Krause
Affected Statutes: Local Government Code, Chapter 140 Effective:
September 1, 2017
Requirements:
Federal Grants. Agencies must report to the Legislative Budget Board, the comptroller, and the Governor not later than the 90th day of the political subdivisions fiscal year, any federal grant or other federal funds that have not been appropriated by the legislature. Must report the total amount of the funds received and the proposed use of the funds.
Companion:
SB446 - Similar
Actions:
11/14/16 - Filed
HB 411
Relating to requiring photo identification for certain purchases paid with a credit card o debit card.
Author:
Longoria
Affected Statutes: Business & Commerce Code (adding to) Effective:
January 1, 2018
Requirements:
Credit Card ID. Merchant may not accept a credit/debit card for payment of a face-to-face transaction without presenting photo identification verifying identity for transactions over $200; the purchase of a gift card. Merchant does not have to have photo identification if the cardholder is required to electronically enter their zip code or pin number. Merchant is liable to the cardholder or financial institution for all losses attributed to the violation.
Actions:
11/18/16 - Filed
HB 648
Relating to the effect of certain agreements with a collective bargaining organization on certain state-funded public work contracts.
Author:
Parker
Affected Statutes: Education Code 51 Government Code 2269 Effective:
September 1, 2017
Requirements:
Collective Bargaining Organizations: would provide that a governmental entity, including a city, awarding a public work contract funded with state money, including the issuance of debt guaranteed by this state, may not: 1) prohibit, require, discourage, or encourage a person bidding on the public work contract, including a contractor or subcontractor, from entering into or adhering to an agreement with a collective bargaining organization relating to the project; or 2) discriminate against a person described by (1) based on the person’s involvement in the agreement, including the person’s status or lack of status as a party to the agreement or willingness or refusal to enter into the agreement.
Companion:
SB452 - Identical
Actions:
12/19/16 - Filed
HB 665
Relating to the requirement that contractors verify compliance with wage payment laws in contacts with public bodies.
Author:
Canales
Affected Statutes: Government Code 2252, Adding Subchapter F Effective:
September 1, 2018
Requirements:
Contracts. Would provide that 1) a public body (which includes cities) cannot contract with a contractor unless the contractor certifies, in writing, to a public body that within the five years preceding the date of the contract, the contractor, including subcontractors, has not admitted guilt or been found guilty or liable in any judicial or administrative proceedings for a repeated or willful violation of the payment of wages or minimum wage statutes, the Fair Labor Standard Act, or any similar statute or regulation of any state that governs the payment of wages; 2) each contract with a public body has to have a specific prescribed statement included; 3) a contractor shall be disbarred from participating in contracts with a public body by the comptroller if the public body determines that a contractor is ineligible for a contract under (1) and reports to the comptroller its determination; and 4) each public body shall develop procedures for the administration of (1).
Actions:
12/20/16 - Filed
HB 770
Relating to the purchase of iron, steel, and manufactured goods made in the US by the Texas Dept. of Criminal Justice for state, state-aided, and governmental entity construction projects for imprisonment facilities.
Author:
Davis, Yvonne/Reynolds
Affected Statutes: Government Code 2166 Effective:
September 1, 2017
Requirements:
Procurement. Would require that the iron, steel, and manufactured goods used in many state-aided city construction projects be produced in the US, unless the governing body of the entity responsible for the project determines that: 1) iron, steel, or specific manufactured goods are not produced in the US in sufficient and reasonably available quantities and of a satisfactory quality; or 2) inclusion of iron, steel, or specific manufactured goods produced in the US will increase the total cost of the iron, steel, or specific manufactured goods for the project by more than 15 percent.
Companion:
None
Actions:
12/28/16 - Filed
HB 792
Relating to the exception from disclosure under the public information law for information related to competition or bidding.
Author:
Capriglione
Affected Statutes: Government Code 552 Effective:
September 1, 2017
Requirements:
Public Information. Amends what information may be released from a bid/proposal received by a governmental agency. Requires an agency to demonstrate how the release of certain information would harm its interests by providing an advantage to a competitor of bidder. We still have to provide the bid/proposal and information contained in bid/proposal and the contract after award. Amends releasing information where a person’s privacy or property interest may be involved allowing the agency to decline the release of the information to obtain an Attorney General opinion.
Companion:
SB 407 - Identical
Actions:
01/03/17 - Filed
HB 839
Relating to the availability under the public information law of information contained in a bid or proposal after a contract is executed or awarded.
Author:
Ortega
Coauthor:
Capriglione
Affected Statutes: Government Code 552 Effective:
September 1, 2017
Requirements:
Public Information. Amends what information may be released from a bid/proposal received by a governmental agency. We still have to provide the bid/proposal and information contained in bid/proposal and the contract after award. Amends releasing information where a person’s privacy or property interest may be involved allowing the agency to decline the release of the information to obtain an Attorney General opinion.
Companion:
SB 425 - Identical
Actions:
01/05/17 - Filed
HB 863
Relating to safety training for employees performing construction work under a contract with a governmental agency; providing administrative penalties.
Author:
Hernandez
Affected Statutes: Government Code 2252 Effective:
September 1, 2017
Requirements:
Construction Contracts. Would provide that 1) a governmental entity that enters into a construction contract must require that the contractor ensure that all employees working on the general construction site have completed at least 10 hours of construction safety training; 2) before an employee works on the general construction site, the contractor must receive and provide to the entity a certificate of training completion for each employee; 3) an entity that enters into a construction contract shall include in the contract notice and penalty provisions that a) require the governmental entity to provide the contractor with written notice of a violation of the bid by the contractor; b) require the contractor to comply by the 20th day after the date the contractor receives any notice of noncompliance; c) inform a contractor that the governmental entity may impose an administrative penalty if the contractor fails to comply after the 20th day after the date the contractor receives any notice of noncompliance; and d) explain that a penalty amount may be withheld from a payment otherwise owed to the contractor under the construction contract; and 4) each gov. entity shall develop procedures for the administration of the bill.
Companion:
SB 475 - Similar
Actions:
01/09/17 - Filed
HB 1142
Relating to prohibiting governmental contracts with a company doing business with Iran, Sudan, or a foreign terrorist organization.
Author:
Davis, Sarah
Affected Statutes: Government Code 2252 Effective:
September 1, 2017
Requirements:
Terrorists. Includes municipalities. Adds Subchapter F, Chapter 2252 to prohibit governmental agencies from doing business with “foreign terrorist organizations” as designated by the US Secretary of State and defines a government contract as a contract for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment and includes professional or consulting services. The Comptroller shall prepare, maintain, and make a list available to each entity of companies known to have contracts with or provide supplies or services to a foreign terrorist organization.
Companion:
SB 252 – Identical
Actions:
01/19/17 - Filed
HB 1281
Relating to historically underutilized businesses and to goods and services purchased by governmental entities; providing penalties. Adds “attorneys” to professional service list. WATCHING THIS ONE TO SEE IF THEY AMEND TO INCLUDE CITIES
Author:
Reynolds
Affected Statutes: Government Code 2155, 2161, 2254 Effective:
September 1, 2017
Requirements:
HUBs. Adds historically underutilized businesses to the list of criteria for a best value bid in Section 2155.074(b). Deletes the “20% service-disabled” status to the veteran in 2155.444. Adds rotation criteria to vendors on the HUB directory in Section 2161.064 to 1) previously awarded bidder, 2) businesses added to the list after last solicitation, 3) businesses included in the section selected for the solicitation. Adds 2161.067 for “joint ventures” as a HUB classification. Definition of joint venture is an association of two or more individuals/businesses, with at least one, 1) which is a HUB, 2) which carries on a single business activity, 3) which is certified by the Comptroller, and 4) which is limited in scope and duration. Section 2254.002 Adds “attorneys” to the professional services list.
Actions:
01/25/17 - Filed
SB 23
Relating to requiring state contractors to participate in the federal E-Verify program.
Author:
Schwertner, Bettencourt, Birdwell, Benton, Campbell, Creighton, Hancock, Huffines, Huffman, Hughes, Kolkhorst, nelson, Perry, Seliger, Taylor, Van
Co-Author:
Buckingham, Estes, Hall, Nichols
Affected Statutes: Government Code 2264 Effective:
September 1, 2017
Requirements:
E-Verify. Includes cities. Would provide that a state agency may not award a contract for goods or services within this state to a contractor unless the contractor registers with and participates in the E-Verify program to verify employee information. A city could conceivably be considered a “contractor” of the state in certain situations.
Companion:
SB 254 - duplicate
Actions:
02/01/17 – Co-Author Authorized 1/30/17 – Co-Author Authorized 1/25/17 – Co-Author Authorized 1/24/17 – Referred to Business & Commerce 01/24/17 Read Fit Time 12/19/16 - Filed
SB 85
Relating to the verification of employment authorization by state contractors and state grant recipients, including the use of the federal E-Verify program, and to provide authorization for the suspension of certain licenses held by private employers for knowing employment of persons not lawfully present in this state; authorizing a fee.
Author:
Hall
Affected Statutes: Government Code 2264 & Labor Code Effective:
September 1, 2017
Requirements:
Contractors & Sub-Contractors for E-Verify. Would provide that a state agency may not award a contract for goods or services within this state to a contractor unless the contractor registers with and participates in the E-Verify program to verify employee information. A city could conceivably be considered a “contractor” of the state in certain situations. Contracts must include language certifying in compliance. Provides for debarment and other penalties if violated plus other requirements. Large bill.
Actions:
1/24/17 – Referred to Business & Commerce 01/24/17 Read First Time 11/14/16 - Filed
SB 252
Relating to prohibiting governmental contracts with a company doing business with Iran, Sudan, or a foreign terrorist organization.
Author:
Taylor, Van
Affected Statutes: Government Code 2252 Effective:
September 1, 2017
Requirements:
Terrorists. Would provide that a (1) a governmental entity, which includes a municipality, may not enter into a governmental contract with a company that does business with Iran, Sudan, or any known terrorist organization; and (2) the comptroller shall prepare and maintain and make available to each governmental entity, a list of companies known to have contracts with or provide supplies or services to a foreign terrorist organization.
Companion:
HB 1142 - Identical
Actions:
1/30/17 – Referred to Business & Commerce 01/30/17 Read First Time 11/22/16 - Filed
SB 254
Relating to requiring state contractors to participate in the federal E-Verify program.
Author:
Schwertner
Affected Statutes: Government Code 2264 Effective:
September 1, 2017
Requirements:
E-Verify. Would provide that a state agency may not award a contract for goods or services within this state to a contractor unless the contractor registers with and participates in the EVerify program to verify employee information. A city could conceivably be considered a “contractor” of the state in certain situations.
Companion:
SB 23 – Duplicate
Actions:
01/30/17 – Referred to Business & Commerce 01/30/17 Read First Time 11/28/16 - Filed
SB 262
Relating to certain DIR purchases by state agencies and local governments.
Author:
Zaffirini
Affected Statutes: Government Code 2157 Effective:
September 1, 2017
Requirements:
DIR Purchases. Local governments all allowed to participate in state contracts pursuant to Government Code Chapter 2157.006. This bill now requires local governments to adhere to the procedures outlined 2157.068 (e-1), which states: 1) for a contract value less than $50K, the agency may award a contract directly to a vendor without other quotes; 2) for contracts value of more than $50K but less than $150K, the agency must submit a request for pricing to at least 3 vendors on the list in the category to which the contract applies; 3) for contracts in value of more than $150K but not less than $1 million the agency must submit a request for pricing to at least 6 vendors in the category to which the contract applies (or all of them if less than 6 on the list).
Actions:
01/30/17 – Referred to Business & Commerce 01/30/17 - Read First Time 11/29/16 - Filed
SB 407
Relating to the exception from disclosure under the public information law for information related to competition or bidding.
Author:
Watson
Co-Author:
Burton, Hinojosa, Huffines, Nelson
Affected Statutes: Government Code 552 Effective:
September 1, 2017
Requirements:
Public Information. Amends what information may be released from a bid/proposal received by a governmental agency. Requires an agency to demonstrate how the release of certain information would harm its interests by providing an advantage to a competitor of bidder. We still have to provide the bid/proposal and information contained in bid/proposal and the contract after award. Amends releasing information where a person’s privacy or property interest may be involved allowing the agency to decline the release of the information to obtain an Attorney General opinion.
Companion:
HB 792 – Identical
Actions:
02/01/17 – Referred to Business & Commerce 02/01/17 – Read first time 02/01/17 – Co-Author Authorized 01/24/17 – Co-Author Authorized 01/18/17 – Co-Author Authorized 01/03/17 - Filed
SB 425
Relating to the availability under the public information law of information contained in a bid or proposal after a contract is executed or awarded.
Author:
Rodriguez
Affected Statutes: Government Code 552 Effective:
September 1, 2017
Requirements:
Public Information. Amends what information may be released from a bid/proposal received by a governmental agency. We still have to provide the bid/proposal and information contained in bid/proposal and the contract after award. Amends releasing information where a person’s privacy or property interest may be involved allowing the agency to decline the release of the information to obtain an Attorney General opinion.
Companion:
HB 839 – Identical
Actions:
02/01/17 – Referred to Business & Commerce 02/01/17 – Read first time 01/06/17 - Filed
SB 446
Relating to acceptance or expenditure of federal funds by a political subdivision.
Author:
Burton
Affected Statutes: Local Government Code, Chapter 140 Effective:
September 1, 2017
Requirements:
Federal Grants. Agencies must report to the Legislative Budget Board, the comptroller, and the Governor no later than the 90th day of the political subdivisions fiscal year, any federal grant or other federal funds that have not been appropriated by the legislature. Must report the total amount of the funds received and the proposed use of the funds. The comptroller may develop and maintain an online reporting system for information required and make available to the public a searchable database of information reported (in addition to HB135).
Companion:
HB 135 - Similar.
Actions:
02/06/17 – Referred to Finance 02/06/17 – Read first time 01/09/17 – Filed
SB 452
Relating to the effect of certain agreements with a collective bargaining organization on certain state-funded public work contracts.
Author:
Hancock
Affected Statutes: Education Code 51 & Government Code 2269 Effective:
September 1, 2017
Requirements:
Collective Bargaining Organizations: would provide that a governmental entity, including a city, awarding a public work contract funded with state money, including the issuance of debt guaranteed by this state, may not: 1) prohibit, require, discourage, or encourage a person bidding on the public work contract, including a contractor or subcontractor, from entering into or adhering to an agreement with a collective bargaining organization relating to the project; or 2) discriminate against a person described by (1) based on the person’s involvement in the agreement, including the person’s status or lack of status as a party to the agreement or willingness or refusal to enter into the agreement.
Companion:
HB648 - Identical.
Actions:
02/06/17 – Referred to Business & Commerce 02/06/17 – Read first time 01/10/17 – Filed
SB 474
Relating to required provision of workers’ compensation insurance coverage for employees of building and construction contractors and subcontractors.
Author:
Rodriguez & Garcia
Affected Statutes: Labor Code Section 406 Effective:
September 1, 2017
Requirements:
Workers’ Compensation. Would provide that 1) a contractor shall provide workers’ compensation insurance coverage for each employee of the contractor; 2) a subcontractor shall provide worker’s compensation insurance coverage for each employee of the subcontractor; 3) a governmental entity that enters into a building or construction contract shall require the contractor to, if the contractor uses a subcontractor on the public project, provide a written certification, submitted by each subcontractor, that the subcontractor provides workers’ compensation insurance coverage for each employee of the sub employed on the public project; 4) each subcontractor on a public project shall provide the certificate described by Subsection (3) to the general contractor, who shall provide the subcontractor’s certificate to the governmental entity; and 5) if the contractor enters into a contract with a governmental entity for a public project, the coverage provided by the contractor and, if applicable, by each sub must be satisfactory to the governing body of the governmental entity.
Actions:
02/06/17 – Referred to Business & Commerce 02/06/17 – Read first time 01/12/17 – Filed
SB 475
Relating to safety training for employees performing construction work under a contract with a governmental agency; providing administrative penalties.
Author:
Rodriguez & Garcia
Affected Statutes: Government Code 2252 Effective:
September 1, 2017
Requirements:
Construction Contracts. Would provide that 1) to the extent consistent with federal law, a governmental entity that enters into a construction contract must require that the contractor ensure that all employees working on the general construction site have completed at least 10 hours of construction safety training; 2) before an employee works on the general construction site, the contractor must receive and provide to the entity a certificate of training completion for each employee; 3) to the extent consistent with federal law, an entity that enters into a construction contract must require that the contractor ensure that at least one supervisor working on the site has completed advanced construction safety training; 4) before work begins on the general construction site, the contractor must receive from at least one supervisor a certificate of training completion and provide the certificate to the gov entity; 5) a gov entity that enters into a construction contract shall include in the contract notice and penalty provisions that 6) (a) require the gov entity to provide the contractor with written notice, hand delivered or by certified mail, of a violation by the contractor; (b) require the contractor to comply with the bill by the 20th day after the date the contractor receives any notice of non-compliance; (c) inform a contractor that the gov entity may impose an administrative penalty if the contractor fails to comply with the bill after the 20th day after the date the contractor receives any notice of
non-compliance; and (d) explain that a penalty amount may be withheld from a payment otherwise owned to the contractor under the construction contract; and (7) each governmental entity shall develop procedures for the administration of the bill. Same as HB 863 but adds: 1) definition for advanced safety training approved by OSHA and 30 hours; 2) requires, to the extent consistent with Federal Law, at least one supervisor must complete advanced safety training. Companion:
HB 863 - Similar
Actions:
02/06/17 – Referred to Business & Commerce 02/06/17 – Read first time 01/12/17 - Filed
