Bill Text: TX SB2530 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to contracts with and investments in companies that boycott certain energy companies.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-06 - Referred to State Affairs [SB2530 Detail]
Download: Texas-2023-SB2530-Engrossed.html
By: Hughes, Kolkhorst | S.B. No. 2530 |
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relating to contracts with and investments in companies that | ||
boycott certain energy companies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 809.001(1) and (4), Government Code, | ||
are amended to read as follows: | ||
(1) "Boycott energy company" means, without an | ||
ordinary business purpose, refusing to deal with, terminating | ||
business activities with, or otherwise taking any action that is | ||
intended to penalize, inflict economic harm on, or limit commercial | ||
relations with a company because the company: | ||
(A) engages in the exploration, production, | ||
utilization, transportation, sale, or manufacturing of fossil | ||
fuel-based energy and does not commit or pledge to meet | ||
environmental standards beyond applicable federal and state law; | ||
(B) engages in the exploration, production, | ||
utilization, transportation, sale, or manufacturing of fossil | ||
fuel-based energy; or | ||
(C) [ |
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by Paragraph (A) or (B). | ||
(4) "Financial company" means a publicly traded: | ||
(A) financial services or[ |
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or | ||
(B) investment company, including a mutual fund | ||
or exchange-traded fund. | ||
SECTION 2. Section 809.101, Government Code, is amended to | ||
read as follows: | ||
Sec. 809.101. REPORT. (a) In this section, "affiliate" | ||
means a person who controls, is controlled by, or is under common | ||
control with another person. | ||
(b) Not later than January 5 of each year, each state | ||
governmental entity shall file a publicly available report with the | ||
presiding officer of each house of the legislature, the | ||
comptroller, and the attorney general that: | ||
(1) identifies all: | ||
(A) securities sold, redeemed, divested, or | ||
withdrawn in compliance with Section 809.054; | ||
(B) [ |
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under Section 809.057; | ||
(C) contracts with a listed financial company; | ||
and | ||
(D) contracts with an affiliate of a listed | ||
financial services or banking company; and | ||
(2) [ |
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809.055. | ||
SECTION 3. Chapter 809, Government Code, is amended by | ||
adding Subchapter D to read as follows: | ||
SUBCHAPTER D. CONTRACTS WITH COMPANIES BOYCOTTING CERTAIN ENERGY | ||
COMPANIES | ||
Sec. 809.151. PROVISION REQUIRED IN CONTRACT. (a) In | ||
this section, "affiliate" has the meaning assigned by Section | ||
809.101. | ||
(b) This section applies only to a contract that: | ||
(1) is between a state governmental entity and a | ||
company with 10 or more full-time employees; and | ||
(2) has a value of $100,000 or more that is to be paid | ||
wholly or partly from public funds of the state governmental | ||
entity. | ||
(c) Except as provided by Subsection (d), a state | ||
governmental entity may not enter into a contract with a company | ||
unless the contract contains a written verification from the | ||
company that it: | ||
(1) does not boycott energy companies; | ||
(2) will not boycott energy companies during the term | ||
of the contract; | ||
(3) is not a listed financial company; and | ||
(4) is not an affiliate of a listed financial services | ||
or banking company. | ||
(d) Subsection (c) does not apply to a state governmental | ||
entity that determines the requirements of Subsection (c) are | ||
inconsistent with the state governmental entity's constitutional | ||
or statutory duties related to the issuance, incurrence, or | ||
management of debt obligations or the deposit, custody, management, | ||
borrowing, or investment of funds. | ||
SECTION 4. Subchapter D, Chapter 809, 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 that date 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 5. This Act takes effect September 1, 2023. |