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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on state contracting for goods produced |
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through forced labor; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2155, Government Code, is |
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amended by adding Section 2155.0045 to read as follows: |
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Sec. 2155.0045. CONTRACTS FOR GOODS MADE BY FORCED LABOR. |
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(a) In this section, "forced labor" means labor that is performed |
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or provided by another person and obtained through an actor's use of |
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force, fraud, or coercion. |
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(b) A state agency shall include in each state agency |
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contract to procure goods from a vendor: |
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(1) a provision specifying that goods furnished to the |
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state under the contract may not be produced wholly or partly by |
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forced labor; and |
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(2) a certification from the vendor that the vendor, |
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each person represented by the vendor, and each person acting for |
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the represented person has not used, in the making of the goods, any |
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forced labor. |
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(c) A vendor who contracts with the state may not enter |
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into, and a state agency may not enter into, a contract for goods |
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created wholly or partly by forced labor. |
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(d) A vendor that violates this section is subject to: |
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(1) termination of the contract to provide the goods |
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that violate this section and withholding of payment under the |
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contract; |
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(2) following the opportunity for a hearing conducted |
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under Chapter 2001, the assessment of an administrative penalty |
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equal to: |
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(A) the greater of $1,000 or 20 percent of the |
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value of goods the state agency demonstrates were produced wholly |
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or partly by forced labor and supplied to the agency under the |
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contract; and |
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(B) all reasonable hearings costs, including |
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attorney's fees; or |
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(3) being barred from bidding on any state contract or |
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entering into a contract with a state agency before the first |
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anniversary of the date the determination is made that the vendor |
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violated this section. |
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(e) A contract entered into that violates this section is |
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void as against public policy. |
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(f) This section does not apply to goods created wholly or |
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partly by a person who performs services while imprisoned in the |
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Texas Department of Criminal Justice or while confined in a county |
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or municipal jail. |
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SECTION 2. Section 2155.0045, Government Code, as added by |
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this Act, applies only to a contract entered into on or after the |
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effective date of this Act. A contract entered into before that |
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date is governed by the law as it existed on the date the contract |
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was entered into, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |