PURCHASING RELATED BILLS. As of April 7, Relating to state contracts with and investments in companies that boycott Israel.

Transcription

1 85 TH TEXAS LEGISLATURE PURCHASING RELATED BILLS As of April 7, 2017 HB 89 Co- Relating to state contracts with and investments in companies that boycott Israel. King, Phil, Goldman, Davis, Sarah Anderson, Charles, Bohac, Burkett, Burns, Cain, Cosper, Cyrier, Dale, Dean, Hefner, Holland, Isaac, Klick, Drause, Lambert, Lang, Larson, Laubenberg, Leach, Miller, Rick, Morrison, Murphy, Oliverson, Parker, Paul, Rinaldi, Roberts, Schofield, Shine, Simmons, Springer, Stephenson, Strickland, Stucky, Swanson, Thompson, Ed, Tinderholt, White, Workman, Zedler Affected Statutes: Government Code, Chapter 2270 Adds Chapter 2270 to the Subtitle F, Title 10, Government Code to prohibit governmental entities (which includes cities, counties, public school, special purpose districts, etc.) from contracting with companies who boycott Israel and from investing in companies that boycott Israel. Requires contracts to have written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract. The Comptroller shall prepare and maintain a list of companies that boycott Israel more and more and more. SB 134 Identical and SB 29 - Identical 03/29/17 Substitute considered in committee, reported favorably as substituted

2 03/22/17 - Pending in committee Testimony taken, committee substitute considered in public hearing Referred to State Affairs 11/14/16 - Filed

3 HB 135 Relating to reporting by political subdivisions regarding the receipt or expenditure of federal funds. Krause Affected Statutes: Local Government Code, Chapter 140 Federal Grants. Agencies must report to the Legislative Budget Board, the comptroller, and the Governor not later than the 90 th day of the political subdivisions fiscal year, any federal grant or other federal funds that have not been appropriated by the legislature (how do we know the grant has not been appropriated by the legislature?) Must report the total amount of the funds received and the proposed use of the funds. SB446 - Similar Referred to Appropriations 02/14/17 Read first time 02/14/17 11/14/16 - Filed

4 HB 411 Relating to requiring photo identification purchases paid with a credit card o debit card. Longoria Affected Statutes: Business & Commerce Code (adding to) Effective: January 1, 2018 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. 02/20/17 Referred to Investments & Financial Services 02/20/17 Read first time 11/18/16 - Filed

5 HB 476 Relating to the preference given by state agencies for certain goods and services produced or offered by small businesses. Reynolds Affected Statutes: Government Code 2155 Small Businesses. Would require state agencies entering into contracts under $500,000 to give preference to goods or services produced or offered by a small business. Does not apply to purchase of telecommunication equipment or services, advanced communication services or information services. The Comptroller will adopt rules to implement this section. This bill is of a concern. Could be filtered down to local entities someday. Adds this as a preference allowance for state agencies. Very hard to find the definition of small business as defined by US Small Business Adminisration in 13 C.F.R. 02/21/17 Referred to Economic & Small Business Dev 02/21/17 Read first time 11/30/16 - Filed

6 HB 622 Relating to the applicability of project design and construction requirements to development corporations created by governmental entities subject to those requirements. Leach Affected Statutes: Local Government Code 501 Would require a development corporation of a local government must comply with same procurement process methods for the design and construction of projects and construction services as its authorizing unit Referred to Economic & Small Business Development Read first time Filed

7 HB 648 Relating to the effect of certain agreements with a collective bargaining organization on certain state-funded public work contracts. Parker Affected Statutes: Education Code 51 Government Code 2269 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. SB452 - Identical 04/04/17 Considered in formal meeting and reported favorably without amendments Considered in public hearing, testimony taken, left pending in committee 02/22/17 Referred to Economic & Small Bus. Development 02/22/17 Read first time 12/19/16 - Filed

8 HB 665 Relating to the requirement that contractors verify compliance with wage payment laws in contacts with public bodies. Canales Affected Statutes: Government Code 2252, Adding Subchapter F Contracts. Would provide that 1) a public body (which includes cities, counties, school districts, jr. colleges, special purpose districts) 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) Testimony taken, registrations recorded in public hearing, left pending in committee Read first time & referred to State Affairs 12/20/16 - Filed

9 HB 769 Relating to the performance given by state agencies to goods offered by bidders in this state or manufactured, produced, or grown in this state or in the U.S. Davis, Yvonne/Reynolds Affected Statutes: Government Code 2155 Procurement. Would require state agencies making purchases of goods, including agriculture products, shall promote the purchase of and give preference to goods manufactured, produced or grown in this state over foreign products. Adds definition to service-disabled veteran. None Read first time & referred to State Affairs 12/28/16 - Filed

10 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. Davis, Yvonne/Reynolds Affected Statutes: Government Code 2166, State and state-aided projects Procurement. Would require that the iron, steel, and manufactured goods used in many state-aided city construction projects (i.e. TXDOT 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. None Considered in public hearing, testimony taken, left pending in committee Read first time & referred to State Affairs 12/28/16 - Filed

11 HB 792 Relating to the exception from disclosure under the public information law for information related to competition or bidding. Capriglione Affected Statutes: Government Code, Chapter 552 Public Information Law Public Information. Amends what information may be released from a bid/proposal received by a governmental agency (which includes a governing body of city, county, school district, special district). 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. SB Identical Correction in referral to Govt Transparency & Operation 02/28/17 Referred to General Investigating & Ethics 02/28/17 - Read First Time 01/03/17 - Filed

12 HB 793 Co- Relating to the definition of a governmental body for the purposes of the public information law. Capriglione, Clardy Bonnen, Greg, Krause Affected Statutes: Government Code, Chapter 552 Public Information Law Public Information. Amends the definition of governmental body, which includes a board, commission, department, committee, institution, agency or office, which is directed by one or more elected or appointed members. Includes county commissioner s court, municipal governing body, school district board, county board of school trustees, county board of education, or governing body of nonprofit corporation that provides water/wastewater service. Adds any agency which a) receives public funds/resources, b) any party to a contract with a governmental body which involves public funds and that indicates a common purpose or objective or that creates an agency-type relationship between the entity and one or more governmental bodies, or c) an agency that provides services traditional provided by a governmental body. Does not include the judiciary. SB Identical 02/20/17 Referred to Government Transparency & Operation 02/20/17 Read first time 01/03/17 - Filed

13 HB 839 Coauthor: Relating to the availability under the public information law of information contained in a bid or proposal after a contract is executed or awarded. Ortega Capriglione Affected Statutes: Government Code 552 Public Information. Amends what information may be released from a bid/proposal received by a governmental agency (includes city, county, school district, special district). 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. SB Identical 02/21/17 Referred to Govt Transparency Operation 02/21/17 Read first time 01/05/17 - Filed

14 HB 863 Relating to safety training for employees performing construction work under a contract with a governmental agency; providing administrative penalties. Hernandez Affected Statutes: Government Code 2252 Construction Contracts. Would provide that 1) a governmental entity (includes city, county, public school district, special purpose district) 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 20 th 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 20 th 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. SB Similar

15 03/27/17 Testimony take in public hearing, left pending in committee 02/23/17 Referred to Business & Industry 02/23/17 Read first time 01/09/17 - Filed RE

16 HB 1116 Relating to the repeal of certain state procurement advisory and approval procedures. Kacal, Shaheen Affected Statutes: Government Code 2155 Repeals Section relative to procedures for awarding certain contracts and abolishing the statewide procurement advisory council. SB 632 Identical 04/05/17 Committee report sent to Calendars 03/27/17 Testimony taken in public hearing, left pending in committee Correction in referral to Govt. Transparency & Operation 02/28/17 Referred to Appropriations Read first time 01/18/17 - Filed

17 HB 1142 Relating to prohibiting governmental contracts with a company doing business with Iran, Sudan, or a foreign terrorist organization. Davis, Sarah Affected Statutes: Government Code 2252 Terrorists. Includes cities, counties, special districts, school districts). 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. SB 252 Identical 03/29/17 Reported favorably w/o amendment in public hearing 03/22/17 Left pending in committee 03/22/17 Testimony taken at public hearing 03/13/17 Read first time and referred to State Affairs 01/19/17 - Filed

18 HB 1281 Relating to historically underutilized businesses and to goods and services purchased by governmental entities; providing penalties. Adds attorneys to professional service list. Reynolds Affected Statutes: Government Code 2155, 2161, 2254 HUBs. Adds historically underutilized businesses to the list of criteria for a best value bid in Section (b). Deletes the 20% service-disabled status to the veteran in Adds rotation criteria to vendors on the HUB directory in Section 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 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 Adds attorneys to the professional services list. NOTE: Local Government Code, Chapter (6) already addresses the consideration of HUB s in awarding a best value bid. I do not believe the county law or school district law address HUB requirements. 03/13/17 Read first time and referred to State Affairs 01/25/17 - Filed

19 HB 1295 Relating to the disclosure of interested parties by business entities contracting with governmental entities and state agencies; authorizing a civil penalty EDITS TO CURRENT 1295 REQUIREMENTS Capriglione Affected Statutes: Government Code 2252 Clarifies that the term business entity does not include the United States, a federal agency, a state agency, or another governmental entity (which includes a municipality, county, school). Adds additional clarification to definition of controlling interest means. Adds additional clarification to the definition of intermediary, signed, and value. Amends and adds areas where the requirement does not apply such as 1) a contract with a publicly traded business entity, 2) contract related to a state of disaster declared by the Governor, 3) contract necessary to prevent unforeseen imminent damage to public property, 4) contract related to sale of a municipal bond, 5) contract with a federally insured financial institution, 6) contract with an electric utility, 7) contract with a gas utility, 8) contract for an insurance policy, 9) an interlocal contract of a local government, or 10) contract related to a public security, which is not a debt. Provides that a business entity submit a modified disclosure if there is 1) any change from the interested parties previously disclosed, 2) submit before the anniversary date of the signed contract, on a form provided by TEC with a sworn declaration, 3) governmental agency must submit an acknowledgement of the modified disclosure statement to TEC, 4) business entity may be fined $500 for the first day of the violation and $100 per day thereafter not to exceed $10,000, 5)

20 the Attorney General may sue to collect the civil penalty and 6) TEC must adopt rules and modify the disclosure form, if necessary. 03/23/17 left pending in committee 03/23/17 Committee substitute considered in committee & testimony taken 02/27/17 Referred to General Investigating & Ethics 02/27/17 Read First Time 02/03/17 - Filed

21 HB 1453 Relating to requiring state contractors and political subdivisions of this state to participate in the federal electronic verification of employment authorization program, or E-verify, and authorizing the suspension of certain licenses held by private employers for the knowing employment of persons not lawfully present in this state; authorizing a fee. Bonnen, Greg Affected Statutes: Government Code Chapter 2264 E-Verify. Applies to state contractors and political subdivisions, which include cities, counties, schools, Jr. College, special districts or other subdivision of state government. Allows agency to recover any amounts owed to the agency to recover court costs/attorney fees incurred in an action brought under this section. Agency may not award a contract for goods or services unless the contractor/sub registers and participates in E-Verify and continue in the program during the term of the contract. Each contract must include a statement acknowledging these requirements. Each agency shall develop procedures for administration of this section. Can bar contractors from receiving contracts if a contractor 1) was awarded a contract in violation of this section; ceased participation in the program, 3) hired a sub who is not registered/participating. Debarment is for a period of 1 year and may be extended for additional 1-year periods. Allows for suspension of any licenses held for knowingly employing a person not lawfully present in this state. Written complaints may be filed with the commission by persons who has reason to believe an employer is in violation. Commission will investigate the complaint, provide for a hearing, provide a ruling or dismiss complaint, and suspend licenses of those found in violation.

22 Provides for termination of employment of anyone of a political subdivision who fails to comply is responsible for verifying information if they fail to comply. 03/07/13 Read first time and referred to State Affairs 02/01/17 - Filed

23 HB 1477 Relating to worker s compensation insurance coverage for building and construction contractors. Walle Affected Statutes: Labor Code 406 SB 474 Similar Contractors and subcontractors shall provide worker s compensation insurance coverage for each employee of the contractor. Governmental entities (which includes cities, counties, schools, special districts) shall require contractors to certify in writing they provide WC coverage for each employee working on the public project. 04/03/17 Testimony taken, registration recorded in committee and left pending in committee Read first time & referred to Business & Industry 02/02/17 - Filed

24 HB 1541 Relating to the posting of required notices by a political subdivision on Internet websites. Shaheen Affected Statutes: Government Code 2051 Effective: Immediately or September 1, 2017 Political subdivision (includes a municipality, county or any kind of district) may satisfy a requirement in any other law to provide notice by publication in a newspaper by posting the notice continually from the earliest date until the day after the action for which the notice was required on the Internet website, or on a social media website provided the political subdivision controls the content of the posting and the notice is easily found by searching the name of the entity on the Internet. 03/09/17 Read first time & referred to Govt Transparency & Operation 02/03/17 - Filed

25 HB 1558 Relating to conformity with State and Local procurements processes. Simmons Affected Statutes: Transportation Code 460 Effective: Immediately or September 1, 2017 Transportation Code will now require procurement procedures equal to local governments for their contracts and adding exemptions like (a). 03/22/17 Read first time and referred to Transportation 02/02/17 - Filed

26 HB 1571 Relating to the use of local government energy savings performance contracts for measures that avoid expected future operating or maintenance costs. Paddie Affected Statutes: Government Code, Section 302 Effective: Immediately or September 1, 2017 Requires political subdivisions (includes all local governments, cities, counties, school districts, special districts) to include the estimated amount of avoided expected future operating and maintenance costs in evaluating energy savings. (I.e. in addition to considering the fuel costs, energy costs, water costs, storm water fees, etc.). 04/03/17 Committee substitute considered, testimony taken, left pending in committee 03/09/17 Read first time and referred to Energy Resources 02/06/17 - Filed

27 HB 1610 Relating to the disclosure of interested parties by business entities contracting with governmental entities or state agencies. Kuempel Affected Statutes: Government Code 2252 Effective: January 1, 2018 Would only require disclosure of interested parties for governmental entities (cities, counties, public schools, special districts, and state) on contracts where approval is required by the governmental body AND has a value of at least $10 million. Ethics Commission shall adopt rules necessary to comply with the changes in the law. 03/23/17 Committee substitute considered, testimony taken and left pending in committee 03/09/17 Read first time & referred to General Investigating & Ethics 02/06/17 - Filed

28 HB 1695 Relating to training for governmental entities and vendors, including purchasing and contract management training; authorizing fees. Shaheen Affected Statutes: Government Code 656 Would add a subsection to Chapter 656 relating to a state agency who spends more than $5,000 for training/education for any individual. Moves sections from Government code 2054, 2155, 2262 to Subchapter C, Chapter 656 Government Code. Adds requirements for purchasing and contract management and negotiation training and certification for various state agency personnel, including DIR personnel. 04/04/17 Public hearing, testimony taken, left pending in committee 03/29/17 Referred directly to Budget Transparency 03/09/17 referred to Appropriatinos Filed and read first time

29 HB 1759 Relating to the authority of an ISD to contract with a county for the design, improvement, or construction of an instructional facility or stadium or other athletic facility. Smithee SB 800 Identical Affected Statutes: Education Code Effective: January 1, 2018 Would allow schools and counties to contribute to construction of instructional facility or stadium on property owned by or under the control of the county. Must have a written agreement between district and county. 03/14/17 Read first time and referred to Public Education 02/06/17 - Filed

30 HB 1844 Relating to choice of law and venue for certain construction contracts. Workman SB 807 Identical Affected Statutes: Business & Commerce Code, Chapter 272 Applies only to a contract that is principally for the construction or repair of an improvement to real property located in this state. Adds construction contracts to the types of contracts where venue and choice of law would be restricted to Texas in the case of conflict resolution and/or litigation. 03/13/17 Read first time and referred to Judiciary & Civil Jurisprudence 02/14/17 - Filed

31 HB 2170 Relating to responsibility for defects in the plans, specifications, or related documents for the construction or repair of an improvement to real property. Kacal Affected Statutes: Business & Commerce Code, Chapter 59 Adds definition of design professional. Adds, a person, other than the design professional, acting in the scope of the person s profession, who provides plans, specs, or related documents to another person for a contract for the construction/repair of an improvement to real property, impliedly guarantees and warranties the adequacy, accuracy, sufficiency of the plans, specs, etc. to the other person. A person may not waive this by contract or other means. NOTE: This should apply to all state and local agencies as the purpose of the code is to make uniform the law among various jurisdictions for commercial transactions. 03/21/17 Read first time and referred to Ways & Means Filed

32 HB 2234 Relating to the interstate purchases of goods and services through the office of the comptroller of public accounts; authorizing a fee. Shaheen Affected Statutes: Government Code 2156, Chapter 59 Allows the state to charge a fee for interstate purchases and sales allowed in for Interstate Compacts Procedures. i.e. allowing the state to enter into an interlocal agreement with another state or a cooperative purchasing agreement directly with one or more state agencies of other states. 04/10/17 Scheduled for public hearing 03/21/17 Read first time and referred to Govt Transparency & Operations Filed

33 HB 3250 Relating to public work contracts of governmental entities. Leach Affected Statutes: Government Code 2269 Includes cities, counties, special districts, school districts, junior colleges. Adds a prequalification process to eliminate unqualified offerors from consideration for a public work project under a method authorized by this chapter. Prequalification process must be completed BEFORE the bid/csp/cmar/design build process. Under this process the governmental entity 1) may not rank potential offerors, 2) must determine if potential offerors meet minimum requirements, 3) may consider for award typical factors such as construction experience, financial history/stability, ability to self-perform, familiarity /experience with subcontractors and suppliers in the area, whether offeror has been involved I litigation in previous 5 years, bonding, failure to complete government project, experience with project of similar size/scope, qualifications/experience of offeror s project team, 4) may consider the same award criteria as in LGC Chapter 252, 262 such as price, quality, safety, HUBs, etc., 5) requires governmental entity to publish in the request detailed methodology for scoring each criterion, 6) allows for an offeror who submits a bid/proposal/qualification and is not selected to request, in writing, an explanation of its evaluation and, if applicable, explanation of its evaluation if different than a comparable submission from the entity during the preceeding year, or an evaluation developed using the same data that was used to develop the offeror s previous submission, 7) government entity will have 30 days from the date of the request to respond to the offeror.

34 03/30/17 Read first time and referred to Govt Transparency & Operations Filed

35 HB 3326 Relating to job order contracting by governmental entities. Huberty Affected Statutes: Government Code 2269 Amends to allow job order contracting for minor new construction of a facility when the work is of a recurring nature but the delivery times, type, and quantities of work required are indefinite and the orders are awarded substantially on the basis of predescribed and prepriced tasks and the entity has established a maximum aggregate contract price. Job order contracting is currently allowed for maintenance, repair, alteration, renovation, remediation or minor construction of a facility. This bill will add to the description minor new construction for projects under $5 million (currently $500,000). 04/04/17 Read first time and referred to Govt Transparency & Operations Filed

36 HB 3357 Relating to the prevailing wage for work associated with public work conracts; authorizing a penalty. Romero, Jr. Affected Statutes: Government Code 2258 Government Code 2258 allows penalties for contractors who pay workers less than contracted for or who misclassify workers to avoid paying them less than the prevailing wage rates. Increases the current penalty from $60 to $90 for each worker for each calendar day the worker is paid less than the wage stipulated in the contract or for each worker misclassified as an independent contractor for each calendar day the worker is misclassified. Governing body must stipulate in the contract how the penalty will be assed and conduct an audit to ensure compliance with this chapter throughout the term of the contract. 03/31/17 Referred to Business & Industry Filed

37 SB 23 Relating to requiring state contractors to participate in the federal E-Verify program. Schwertner, Bettencourt, Birdwell, Benton, Campbell, Creihton, Hancock, Huffines, Huffman, Hughes, Kolkhorst, Nelson, Perry, Seliger, Taylor, Van Affected Statutes: Government Code 2264 E-Verify. Includes cities, counties, public schools, and special purpose districts. 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. SB 254 Duplicate 03/29/17 Received in House from the Senate 03/28/17 Passed 3 rd vote and vote recorded and reported engrossed 3/27/17 Passed all votes, and votes recorded 03/22/17 Placed on intent calendar 3/21/17 Co-author authorized 3/20/17 Reported favorably as substituted, committee report printed considered in public hearing considered in public hearing and left pending in committee

38 02/01/17 Co-Author Authorized 01/30/17 Co-Author Authorized 1/25/17 co-author Authorized 01/2417 Referred to Business & Commerce 01/24/17 Read first time 12/19/17 - Filed

39 SB 29 Relating to state contracts with and investments in companies that boycott Israel. Creighton, Campbell, Hall, Huffines Affected Statutes: Government Code, Chapter 2270 Adds Chapter 2270 to the Subtitle F, Title 10, Government Code to prohibit governmental entities (includes cities, counties, public schools, special districts) from contracting with companies who boycott Israel and from investing in companies that boycott Israel. Requires contracts to have written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract. The Comptroller shall prepare and maintain a list of companies that boycott Israel more and more and more. HB 89 Identical and SB Duplicate 3/23/17 Received in House from the Senate 3/22/17 co-author authorized, Read 2 nd time & passed, recorded vote, 3-day rule suspended, recorded vote, read 3 rd time, passed, recorded vote, reported engrossed Placed on intent calendar Reported favorably, committee report printed/distributed considered in public hearing Considered in pubic hearing, testimony taken and left pending in committee Referred to Business & Commerce

40 Read First Time 02/22/17 - Filed

41 SB 60 Relating to the preference given by state and local governmental entities, including public institutions of higher education, to agricultural products produced, processed, or grown in this state. Zaffirini Affected Statutes: Education Code Section 44, Government Code 2155 & Local Government Code, Chapter 271 Provides for a preference for agricultural products produced, processed or grown in this state if the cost does not exceed 107% of the cost produced, processed, or grown outside this state and the quality is equal. Current legislation includes this for schools and state and adds it for municipalities. 1/24/17 Referred to Agriculture, Water & Rural Affairs 01/24/17 Read First Time 11/14/16 - Filed

42 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. Hall Affected Statutes: Government Code 2264 & Labor Code 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. 1/24/17 Referred to Business & Commerce 01/24/17 Read First Time 11/14/16 - Filed

43 SB 134 Relating to state contracts with and investments in companies that boycott Israel. Creighton & Taylor Affected Statutes: Government Code, Chapter 2270 HB 89 - Identical Adds Chapter 2270 to the Subtitle F, Title 10, Government Code to prohibit governmental entities (includes cities, counties, public schools and special districts) from contracting with companies who boycott Israel and from investing in companies that boycott Israel. Requires contracts to have written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract. The Comptroller shall prepare and maintain a list of companies that boycott Israel more and more and more. HB 89 - Identical co-author authorized Taylor of Galveston 01/25/17 Referred to Business & Commerce 01/25/17 Read first time 11/14/16 - Filed

44 SB 252 Relating to prohibiting governmental contracts with a company doing business with Iran, Sudan, or a foreign terrorist organization. Taylor, Van Affected Statutes: Government Code 2252 Terrorists. Would provide that a (1) a governmental entity, ( includes cities, counties, school districts and special districts), 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. HB Identical 04/04/17 Received in House from the Senate 04/03/17 Rules suspended, read 2 nd time, three day rule suspended, read 3 rd time, passed, engrossed 03/30/17 placed on intent calendar Considered in public hearing and left pending in committee 1/30/17 Referred to Business & Commerce 01/30/17 Read First Time 11/22/16 - Filed

45 SB 254 Relating to requiring state contractors to participate in the federal E-Verify program. Schwertner Affected Statutes: Government Code 2264 E-Verify. Includes cities, counties, public schools and special districts. 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. SB 23 Duplicate 01/30/17 Referred to Business & Commerce 01/30/17 Read First Time 11/28/16 - Filed

46 SB 262 Relating to certain DIR purchases by state agencies and local governments. Zaffirini Affected Statutes: Government Code 2157 DIR Purchases. Local governments (includes cities, counties, public schools and special districts) all allowed to participate in state contracts pursuant to Government Code Chapter This bill now requires local governments to adhere to the procedures outlined (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). 01/30/17 Referred to Business & Commerce 01/30/17 - Read First Time 11/29/16 - Filed

47 SB 407 Co- Relating to the exception from disclosure under the public information law for information related to competition or bidding. Watson Buckingham, Burton, Hinojosa, Huffines, Nelson, Schwertner, Taylor, Van Affected Statutes: Government Code, Chapter 552 Public Information Law Public Information. Amends what information may be released from a bid/proposal received by a governmental agency (which includes governing body of city, county, school district, special district). 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. HB 792 Identical 03/29/17 Received in House from Senate 03/28/17 Read 2 nd & 3rd time, passed, engrossed 3/22/17 Co-author authorized, placed on intent calendar 3/20/17 Reported favorably as substituted, committee report printed Considered in public hearing

48 Left Pending in Committee Testimony taken in committee Considered in public hearing 02/21/17 Co-Author authorized 02/14/17 - Co-Author authorized 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

49 SB 408 Co- Relating to the definition of a governmental body for the purposes of the public information law. Watson Buckingham, Burton, Hinojosa, Huffines, Nelson, Perry, Rodriguez, Schwertner, Taylor, Van Affected Statutes: Government Code 552 Public Information. Amends the definition of governmental body, which includes a board, commission, department, committee, institution, agency or office, which is directed by one or more elected or appointed members. Includes county commissioner s court, municipal governing body, school district board, county board of school trustees, county board of education, or governing body of nonprofit corporation that provides water/wastewater service. Adds any agency which a) receives public funds/resources, b) any party to a contract with a governmental body which involves public funds and that indicates a common purpose or objective or that creates an agency-type relationship between the entity and one or more governmental bodies, or c) an agency that provides services traditional provided by a governmental body. Does not include the judiciary. HB Identical 03/29/17 Received in House from Senate 03/28/17 Read 2 nd and 3 rd time, passed, engrossed 03/27/17 co-author authorized 3/22/17 Co-author authorized and placed on intent calendar

50 3/20/17 Reported favorably as substituted, committee report printed Considered in public hearing Left pending in committee Testimony taken in committee Considered in public hearing 02/21/17 co-author authorized 02/14/17 Co-Author authorized 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

51 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. Rodriguez Affected Statutes: Government Code 552 Public Information. Amends what information may be released from a bid/proposal received by a governmental agency (which includes city, county, school district, special district). 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. HB 839 Identical 02/01/17 Referred to Business & Commerce 02/01/17 Read first time 01/06/17 - Filed

52 SB 446 Relating to acceptance or expenditure of federal funds by a political subdivision. Burton Affected Statutes: Local Government Code, Chapter 140 Federal Grants. Political subdivision (includes cities, counties, public schools and special districts) must report to the Legislative Budget Board, the comptroller, and the Governor no later than the 90 th 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). HB Similar. 04/03/17 Considered in public hearing, testimony taken, left pending in committee 02/06/17 Referred to Finance 02/06/17 Read first time 01/09/17 Filed

53 SB 452 Relating to the effect of certain agreements with a collective bargaining organization on certain state-funded public work contracts. Hancock Affected Statutes: Education Code 51 & Government Code 2269 Collective Bargaining Organizations: would provide that a governmental entity, including a city, county, public school and special distrct), 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. HB648 - Identical. 4/05/17 Received in House from Senate 04/04/17 Rules suspended, voted 3 rd time, passed, engrossed 04/3/17 Rules suspended, voted 2 nd time, passed, engrossed 3/27/17 Placed on intent calendar 3/22/17 Reported favorably w/o amendments, committee report printed 3/21/17 Considered in public hearing

54 Considered in public hearing and left pending in committee 02/06/17 Referred to Business & Commerce 02/06/17 Read first time 01/10/17 Filed

55 SB 474 Relating to required provision of workers compensation insurance coverage for employees of building and construction contractors and subcontractors. Rodriguez & Garcia Affected Statutes: Labor Code Section 406 Workers Compensation. Includes cities, counties, school districts and special districts. 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. 02/06/17 Referred to Business & Commerce 02/06/17 Read first time 01/12/17 Filed

56 SB 475 Relating to safety training for employees performing construction work under a contract with a governmental agency; providing administrative penalties. Rodriguez & Garcia Affected Statutes: Government Code 2252 Construction Contracts. Governmental entities including cities, counties, school districts and special districts. 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 20 th 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

57 bill after the 20 th 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. HB Similar 02/06/17 Referred to Business & Commerce 02/06/17 Read first time 01/12/17 - Filed

58 SB 623 Relating to the establishment of a public information Internet website. Burton/Rodriguez HB 1759 Identical Affected Statutes: Government Code 561 Public entities to include cities, counties, school districts and special districts. Require Comptroller to establish a public information website, which could be used by cities and counties to publish public information for access by the public. Must be searchable and accessible 24/7. Would not satisfy any public notice publication requirement but would give entities other options for posting information. Comptroller to establish site and procedures Referred to Business & Commerce Read first time 01/26/17 - Filed

59 SB 632 Relating to the repeal of certain state procurement advisory and approval procedures. Kacal, Shaheen Affected Statutes: Government Code 2155 Repeals Section relative to procedures for awarding certain contracts and abolishing the statewide procurement advisory council. HB 1116 Identical 02/13/17 Referred to Business & Commerce Read first time 01/26/17 - Filed

60 SB 800 Relating to the authority of an ISD to contract with a county for the design, improvement, or construction of an instructional facility or stadium or other athletic facility. Seliger HB 1759 Identical Affected Statutes: Education Code Effective: January 1, 2018 Would allow schools and counties to contribute to construction of instructional facility or stadium on property owned by or under the control of the county. Must have a written agreement between district and county. 02/22/17 Read first time and referred to Education 02/06/17 - Filed