Bill Text: TX SB2530 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
By: Hughes | S.B. No. 2530 | |
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relating to state contracts with and investments in certain | ||
companies that boycott energy companies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 809.001, Government Code, is amended by | ||
adding Subsection (A-1) to and amending Subsection (B) of | ||
Subdivision (1) and amending Subdivision (4) 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 law; [ |
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(A-1) engages in the exploration, production, | ||
utilization, transportation, sale, or manufacturing of fossil | ||
fuel-based energy; or | ||
(B) does business with a company described by | ||
Paragraph (A) or (A-1). | ||
(4) "Financial company" means a publicly traded: | ||
(A) financial services[ |
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(B) banking[ |
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(C) [ |
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exchange-traded fund, including a money market fund or government | ||
money market fund. | ||
SECTION 2. Section 809.101, Government Code, is amended as | ||
follows: | ||
Sec. 809.101. Report. 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,[ |
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(1) identifies all securities sold, redeemed, divested, or | ||
withdrawn in compliance with Section 809.054; | ||
(2) identifies all prohibited investments under Section | ||
809.057;[ |
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(3) summarizes any changes made under Section 809.055[ |
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(4) identifies all contracts with listed financial | ||
companies as defined under Section 809.001(6); and | ||
(5) identifies all contracts with affiliates of listed | ||
financial companies as defined under Section 809.001(4)(A) and (B). | ||
For purposes of this Section, "affiliate" means a person who | ||
controls, is controlled by, or is under common control with another | ||
person. | ||
SECTION 3. Chapter 809, Government Code, is amended by | ||
adding Subchapter D to read as follows: | ||
SUBCHAPTER D. PROHIBITION ON CONTRACTS WITH COMPANIES | ||
BOYCOTTING CERTAIN ENERGY COMPANIES | ||
Sec. 809.201. PROVISION REQUIRED IN CONTRACT. (a) 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. | ||
(b) Except as provided by Subsection (c), 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 as defined under | ||
Section 809.001(6); and | ||
(4) is not an affiliate of a listed financial company | ||
as defined under Section 809.001(4)(A) or (B). | ||
(c) Subsection (b) does not apply to a state governmental | ||
entity that determines the requirements of Subsection (b) are | ||
inconsistent with the 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. | ||
(d) For purposes of this Section, "affiliate" means a person | ||
who controls, is controlled by, or is under common control with | ||
another person. | ||
SECTION 4. Section 809.201, 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. |