Bill Text: TX HB2244 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to a prohibition on state contracts to purchase electric vehicles and related components produced in scrutinized countries; authorizing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-29 - Filed [HB2244 Detail]
Download: Texas-2025-HB2244-Introduced.html
89R10594 LRM-F | ||
By: Cain | H.B. No. 2244 |
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relating to a prohibition on state contracts to purchase electric | ||
vehicles and related components produced in scrutinized countries; | ||
authorizing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 10, Government Code, is | ||
amended by adding Chapter 2278 to read as follows: | ||
CHAPTER 2278. PROHIBITION ON STATE CONTRACTS FOR ELECTRIC VEHICLES | ||
AND RELATED COMPONENTS PRODUCED IN SCRUTINIZED COUNTRIES | ||
Sec. 2278.001. DEFINITIONS. In this chapter: | ||
(1) "Company" means a sole proprietorship, | ||
organization, association, corporation, partnership, joint | ||
venture, limited partnership, limited liability partnership, or | ||
limited liability company, including a wholly owned subsidiary, | ||
majority-owned subsidiary, parent company, or affiliate of those | ||
entities or business associations, that exists to make a profit. | ||
(2) "Electric vehicle" means a motor vehicle that | ||
draws propulsion energy only from a rechargeable energy storage | ||
system. | ||
(3) "Forced labor or services" has the meaning | ||
assigned by Section 20A.01, Penal Code. | ||
(4) "Nonprofit organization" means an entity that is | ||
exempt from federal income tax under Section 501(a), Internal | ||
Revenue Code of 1986, by being listed as an exempt entity under | ||
Section 501(c) of that code, has submitted an application with the | ||
Internal Revenue Service for recognition of an exemption under | ||
Section 501(c) of that code, or is a nonprofit corporation or | ||
association organized or formed under the laws of this state or | ||
another state. | ||
(5) "Scrutinized country" means the People's Republic | ||
of China. | ||
Sec. 2278.002. PROVISION REQUIRED IN STATE CONTRACTS. (a) | ||
A state agency may not enter into a contract with a vendor to | ||
purchase an electric vehicle or any component of an electric | ||
vehicle unless the contract contains a written verification from | ||
the vendor that: | ||
(1) the vendor is not: | ||
(A) a company organized under the laws of or | ||
headquartered in a scrutinized country; | ||
(B) a company owned, operated, or directly | ||
controlled by the government of a scrutinized country; | ||
(C) a nonprofit organization or | ||
government-organized nongovernmental organization organized under | ||
the laws of or headquartered in a scrutinized country; or | ||
(D) a company or nonprofit organization that | ||
subcontracts with a company or organization described by Paragraphs | ||
(A)-(C) for production of any component of an electric vehicle; | ||
(2) the electric vehicle or component of an electric | ||
vehicle was not mined, produced, or manufactured wholly or partly | ||
in a scrutinized country; or | ||
(3) the vendor or any subcontractor of the vendor has | ||
not used forced labor or services in the production of the electric | ||
vehicle or component. | ||
(b) The prohibitions described by Subsection (a) apply | ||
regardless of whether: | ||
(1) the company's or its parent company's securities | ||
are publicly traded; or | ||
(2) the company or its parent company is listed on a | ||
public stock exchange as a company of a scrutinized country. | ||
Sec. 2278.003. CONTRACT TERMINATION FOR FALSE | ||
VERIFICATION; BARRING FROM STATE CONTRACTS. (a) If a state agency | ||
determines that a vendor holding a contract with the state agency | ||
was ineligible for the contract awarded under Section 2278.002 | ||
because the vendor's written verification was false, the state | ||
agency shall immediately terminate the contract without further | ||
obligation to the vendor. | ||
(b) A vendor described by Subsection (a) is barred from | ||
responding to a solicitation for or contracting for goods or | ||
services procured by any state agency. | ||
Sec. 2278.004. ATTORNEY GENERAL ENFORCEMENT; CIVIL | ||
PENALTY; INJUNCTION. (a) A vendor that is in violation of this | ||
chapter is liable for a civil penalty not to exceed $250,000 for | ||
each violation. | ||
(b) The attorney general may bring an action in the name of | ||
this state to: | ||
(1) recover a civil penalty under this section; | ||
(2) restrain or enjoin the vendor from violating this | ||
chapter; or | ||
(3) recover the civil penalty and seek injunctive | ||
relief. | ||
(c) The attorney general may recover reasonable attorney's | ||
fees and court costs in bringing an action under this section. | ||
SECTION 2. Section 2278.002, Government Code, as added by | ||
this Act, applies only to a contract entered into on or after the | ||
effective date of this Act. A contract entered into before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the contract was entered into, and the former law is continued | ||
in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2025. |