85R2564 AAF-D     By: Anchia H.B. No. 258       A BILL TO BE ENTITLED   AN ACT   relating to a prohibition on the award of a state agency contract to   a person in a state with laws allowing or requiring discrimination   based on sexual orientation or gender identity or expression.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 2155, Government Code, is   amended by adding Section 2155.008 to read as follows:          Sec. 2155.008.  PROHIBITION ON BIDS AND CONTRACTS INVOLVING   STATES WITH CERTAIN DISCRIMINATORY LAWS. (a) In this section:                (1)  "Gender identity or expression" means having or   being perceived as having gender-related identity, appearance,   expression, or behavior, regardless of whether that identity,   appearance, expression, or behavior is different from that commonly   associated with the individual's actual or perceived sex.                (2)  "Sexual orientation" means the actual or perceived   status of an individual with respect to the individual's sexuality.          (b)  A state agency may not accept a bid or award a contract   that includes proposed financial participation by an individual   residing in or a business entity conducting business in a state   that, after June 26, 2015, enacted a law to:                (1)  void or repeal any existing protection against   discrimination on the basis of sexual orientation or gender   identity or expression; or                (2)  authorize or require discrimination against   same-sex couples or their families or on the basis of sexual   orientation or gender identity or expression.          (c)  A bid or award subject to the requirements of this   section must include the following statement:          "Under Section 2155.008, Government Code, the vendor   certifies that the individual or business entity named in this bid   or contract is not ineligible to receive the specified contract and   acknowledges that this contract may be terminated and payment   withheld if this certification is inaccurate."          (d)  If a state agency determines that an individual or   business entity holding a state contract was ineligible to have the   bid accepted or contract awarded under Subsection (b), the state   agency may immediately terminate the contract without further   obligation to the vendor.          (e)  This section does not create a cause of action to   contest a bid or award of a state contract.          SECTION 2.  Section 2155.008, Government Code, as added by   this Act, applies only to a contract for which a state agency first   advertises or otherwise solicits bids, proposals, offers,   qualifications, or other similar expressions of interest on or   after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2017.