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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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