reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter I. Job Order Contracts Method › Section 2269.405. Competitive Sealed Proposal Method

Sec. 2269.405.  COMPETITIVE SEALED PROPOSAL METHOD.  (a)  A governmental entity may use the competitive sealed proposal method under Subchapter D for job order contracts.
(b)  The governmental entity shall advertise for, receive, and publicly open sealed proposals for job order contracts.
(c)  The governmental entity may require offerors to submit information in addition to rates, including experience, past performance, and proposed personnel and methodology.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter I. Job Order Contracts Method › Section 2269.406. Awarding of Job Order Contracts

Sec. 2269.406.  AWARDING OF JOB ORDER CONTRACTS.  The governmental entity may award job order contracts to one or more job order contractors in connection with each solicitation of proposals.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter I. Job Order Contracts Method › Section 2269.407. Use of Job Order Contract

Sec. 2269.407.  USE OF JOB ORDER CONTRACT.  A job order contract may be used to accomplish work only for the governmental entity that awards the contract unless:
(1)  the solicitation for the job order contract and the contract specifically provide for use by other persons; or
(2)  the governmental entity enters into an interlocal agreement that provides otherwise.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter I. Job Order Contracts Method › Section 2269.408. Use of Architect or Engineer

Sec. 2269.408.  USE OF ARCHITECT OR ENGINEER.  (a)  If a job order contract or an order issued under the contract requires architectural or engineering services that constitute the practice of architecture within the meaning of Chapter 1051, Occupations Code, or the practice of engineering within the meaning of Chapter 1001, Occupations Code, the governmental entity shall select or designate an architect or engineer to prepare the construction documents for the project.
(b)  Subsection (a) does not apply to a job order contract or an order issued under the contract for industrialized housing, industrialized buildings, or relocatable educational facilities subject to and approved under Chapter 1202, Occupations Code, if the contractor employs the services of an architect or engineer who approves the documents for the project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter I. Job Order Contracts Method › Section 2269.409. Job Order Contract Term

Sec. 2269.409.  JOB ORDER CONTRACT TERM.  The base term for a job order contract may not exceed two years.  The governmental entity may renew the contract annually for not more than three additional years.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter I. Job Order Contracts Method › Section 2269.410. Job Orders

Sec. 2269.410.  JOB ORDERS.  (a)  An order for a job or project under a job order contract must be signed by the governmental entity's representative and the contractor.
(b)  The order may be:
(1)  a fixed price, lump-sum contract based substantially on contractual unit pricing applied to estimated quantities; or
(2)  a unit price order based on the quantities and line items delivered.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter I. Job Order Contracts Method › Section 2269.411. Payment and Performance Bonds

Sec. 2269.411.  PAYMENT AND PERFORMANCE BONDS.  The contractor shall provide payment and performance bonds, if required by law, based on the amount or estimated amount of any order.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter J. Enforcement › Section 2269.451. Void Contract

Sec. 2269.451.  VOID CONTRACT.  A contract, including a job order, entered into in violation of this chapter is voidable as against public policy.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter J. Enforcement › Section 2269.452. Declaratory or Injunctive Relief

Sec. 2269.452.  DECLARATORY OR INJUNCTIVE RELIEF.  (a)  This chapter may be enforced through an action for declaratory or injunctive relief filed not later than the 15th calendar day after the date on which the contract is awarded.
(b)  This section does not apply to enforcement of a contract entered into by a state agency.  In this subsection, "state agency" has the meaning assigned by Section 2151.002.  The term includes the Texas Facilities Commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 702 (H.B. 2581), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter A. General Provisions › Section 2270.0001. Definitions

Sec. 2270.0001.  DEFINITIONS.  In this chapter:
(1)  "Active business operations" means all business operations that are not inactive business operations.
(2)   "Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association whose securities are publicly traded, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations, that exists to make a profit.
(3)  "Designated foreign terrorist organization" means an organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8 U.S.C. Section 1189.
(4)   "Direct holdings" in a company means all securities of that company held directly by an investing entity in an account or fund in which an investing entity owns all shares or interests.
(5)  "Inactive business operations" means the mere continued holding or renewal of rights to property previously operated to generate revenue but not presently deployed to generate revenue.
(6)  "Indirect holdings" in a company means all securities of that company held in an account or fund, such as a mutual fund, managed by one or more persons not employed by an investing entity, in which the investing entity owns shares or interests together with other investors not subject to this chapter.  The term does not include money invested under a plan described by Section 401(k) or 457 of the Internal Revenue Code of 1986.
(7)  "Investing entity" means:
(A)  an entity subject to Chapter 2256;
(B)  the Employees Retirement System of Texas;
(C)  the Teacher Retirement System of Texas; and
(D)  the comptroller with respect to the comptroller's investment of state funds.
(8)  "Listed company" means a company listed by the comptroller under Section 2270.0201.
(9)  "Scrutinized company" means:
(A)  a company that:
(i)  engages in scrutinized business operations described by Section 2270.0052; or
(ii)  has been complicit in the Darfur genocide during any preceding 20-month period;
(B)  a company that engages in scrutinized business operations described by Section 2270.0102; and
(C)  a company that engages in scrutinized business operations described by Section 2270.0152.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter A. General Provisions › Section 2270.0002. Exception

Sec. 2270.0002.  EXCEPTION.  Notwithstanding any other law, a company that the United States government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a designated foreign terrorist organization is not subject to divestment or investment prohibition under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter A. General Provisions › Section 2270.0003. Other Legal Obligations

Sec. 2270.0003.  OTHER LEGAL OBLIGATIONS.  With respect to actions taken in compliance with this chapter, including all good faith determinations regarding companies as required by this chapter, an investing entity is exempt from any conflicting statutory or common law obligations, including any obligations with respect to making investments, divesting from any investment, preparing or maintaining any list of companies, or choosing asset managers, investment funds, or investments for the entity's securities portfolios.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter A. General Provisions › Section 2270.0004. Inapplicability of Certain Requirements Inconsistent With Fiduciary Responsibilities and Related Duties

Sec. 2270.0004.  INAPPLICABILITY OF CERTAIN REQUIREMENTS INCONSISTENT WITH FIDUCIARY RESPONSIBILITIES AND RELATED DUTIES.  An investing entity described by Section 2270.0001(7)(B) or (C) is not subject to a requirement of this chapter if the entity determines that the requirement would be inconsistent with the entity's fiduciary responsibility with respect to the investment of entity assets or other duties imposed by law relating to the investment of entity assets, including the duty of care established under Section 67, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter A. General Provisions › Section 2270.0005. Conflict With Other Law

Sec. 2270.0005.  CONFLICT WITH OTHER LAW.  To the extent of a conflict between this chapter and a provision of Chapter 404 or 2256 regarding an investing entity's investments, this chapter prevails.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter A. General Provisions › Section 2270.0006. Indemnification of Investing Entities, Employees, and Others

Sec. 2270.0006.  INDEMNIFICATION OF INVESTING ENTITIES, EMPLOYEES, AND OTHERS.  In a cause of action based on an action, inaction, decision, divestment, investment, company communication, report, or other determination made or taken in connection with this chapter, the state shall, without regard to whether the person performed services for compensation, indemnify and hold harmless for actual damages, court costs, and attorney's fees adjudged against, and defend:
(1)  an employee, a member of the governing body, or any other officer of an investing entity;
(2)  a contractor of an investing entity;
(3)  a former employee, a former member of the governing body, or any other former officer of an investing entity who was an employee or officer when the act or omission on which the damages are based occurred;
(4)  a former contractor of an investing entity who was a contractor when the act or omission on which the damages are based occurred; and
(5)  an investing entity.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter A. General Provisions › Section 2270.0007. No Private Cause of Action

Sec. 2270.0007.  NO PRIVATE CAUSE OF ACTION.  (a)  A person, including a member, retiree, and beneficiary of a retirement system to which this chapter applies, an association, a research firm, a company, or any other person may not sue or pursue a private cause of action against the state, an investing entity, an employee, a member of the governing body, or any other officer of an investing entity, or a contractor of an investing entity, for any claim or cause of action, including breach of fiduciary duty, or for violation of any constitutional, statutory, or regulatory requirement in connection with any action, inaction, decision, divestment, investment, company communication, report, or other determination made or taken in connection with this chapter.
(b)  A person who files suit against the state, an investing entity, an employee, a member of the governing body, or any other officer of an investing entity, or a contractor of an investing entity, is liable for paying the costs and attorney's fees of a person sued in violation of this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter A. General Provisions › Section 2270.0008. Reliance on Company Response

Sec. 2270.0008.  RELIANCE ON COMPANY RESPONSE.  The comptroller in administering this chapter and an investing entity may rely on a company's response to a notice or communication made under this chapter without conducting any further investigation, research, or inquiry.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter B. General Provisions Relating to Investments in Sudan › Section 2270.0052. Scrutinized Business Operations in Sudan

Sec. 2270.0052.  SCRUTINIZED BUSINESS OPERATIONS IN SUDAN.  A company engages in scrutinized business operations in Sudan if:
(1)  the company has business operations that involve contracts with or providing supplies or services to the government of Sudan, a company in which the government of Sudan has any direct or indirect equity share, a government of Sudan-commissioned consortium or project, or a company involved in a government of Sudan-commissioned consortium or project and:
(A)  more than 10 percent of the company's revenues or assets linked to Sudan involve oil-related activities or mineral extraction activities, less than 75 percent of the company's revenue or assets linked to Sudan involve contracts with or provision of oil-related or mineral extracting products or services to the regional government of southern Sudan or a project or consortium created exclusively by that regional government, and the company has failed to take substantial action; or
(B)  more than 10 percent of the company's revenue or assets linked to Sudan involve power production activities, less than 75 percent of the company's power production activities include projects whose intent is to provide power or electricity to the marginalized populations of Sudan, and the company has failed to take substantial action; or
(2)  the company supplies military equipment in Sudan, unless:
(A)  the company clearly shows that the military equipment cannot be used to facilitate offensive military actions in Sudan; or
(B)  the company implements rigorous and verifiable safeguards to prevent use of that equipment by forces actively participating in armed conflict, including:
(i)  using post-sale tracking of the equipment by the company;
(ii)  obtaining certification from a reputable and objective third party that the equipment is not being used by a party participating in armed conflict in Sudan; or
(iii)  selling the equipment solely to the regional government of southern Sudan or any internationally recognized peacekeeping force or humanitarian organization.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter B. General Provisions Relating to Investments in Sudan › Section 2270.0053. Social Development Company

Sec. 2270.0053.  SOCIAL DEVELOPMENT COMPANY.  Notwithstanding any other law, a social development company that is not complicit in the Darfur genocide is not a scrutinized company under Section 2270.0001(9)(A).
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter C. General Provisions Relating to Investments in Iran › Section 2270.0101. Definitions

Sec. 2270.0101.  DEFINITIONS.  In this subchapter:
(1)  "Business operations" means engaging in commerce in any form in Iran, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
(2)  "Military equipment" means weapons, arms, military supplies, and equipment that readily may be used for military purposes, including radar systems and military-grade transport vehicles.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter C. General Provisions Relating to Investments in Iran › Section 2270.0102. Scrutinized Business Operations in Iran

Sec. 2270.0102.  SCRUTINIZED BUSINESS OPERATIONS IN IRAN.  A company engages in scrutinized business operations in Iran if:
(1)  the company has business operations that involve contracts with or providing supplies or services to the government of Iran, a company in which the government of Iran has any direct or indirect equity share, a consortium or project commissioned by the government of Iran, or a company involved in a consortium or project commissioned by the government of Iran; or
(2)  the company supplies military equipment to Iran.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter D. General Provisions Relating to Investments in Certain Foreign Terrorist Organizations › Section 2270.0151. Definitions

Sec. 2270.0151.  DEFINITIONS.  In this subchapter:
(1)  "Business operations" means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
(2)  "Terroristic equipment" means weapons, arms, military supplies, and equipment that readily may be used for terroristic purposes or activities.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter D. General Provisions Relating to Investments in Certain Foreign Terrorist Organizations › Section 2270.0152. Scrutinized Business Operations With Designated Foreign Terrorist Organization

Sec. 2270.0152.  SCRUTINIZED BUSINESS OPERATIONS WITH DESIGNATED FOREIGN TERRORIST ORGANIZATION.  A company engages in scrutinized business operations with a designated foreign terrorist organization if:
(1)  the company has business operations that involve:
(A)  a contract with or providing supplies or services to a designated foreign terrorist organization;
(B)  a company in which a designated foreign terrorist organization has any direct or indirect equity share;
(C)  a consortium or project commissioned by a designated foreign terrorist organization; or
(D)  a company involved in a consortium or project commissioned by a designated foreign terrorist organization; or
(2)  the company supplies terroristic equipment to a designated foreign terrorist organization.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter D. General Provisions Relating to Investments in Certain Foreign Terrorist Organizations › Section 2270.0153. List of Designated Foreign Terrorist Organizations

Sec. 2270.0153.  LIST OF DESIGNATED FOREIGN TERRORIST ORGANIZATIONS.  (a)  The comptroller shall prepare and maintain a list of designated foreign terrorist organizations.
(b)  The comptroller shall maintain the list by updating the list as necessary to reflect changes in the list of foreign organizations designated as foreign terrorist organizations by the United States secretary of state as authorized by 8 U.S.C. Section 1189.
(c)  Not later than the 30th day after the date the comptroller first prepares or updates the list of designated foreign terrorist organizations as required by this section, the comptroller shall:
(1)  file the list with the presiding officer of each house of the legislature and the attorney general; and
(2)  post the list on the comptroller's Internet website.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter E. Duties Regarding Investments › Section 2270.0201. Listed Companies

Sec. 2270.0201.  LISTED COMPANIES.  (a)  The comptroller shall prepare and maintain a list of all scrutinized companies.  The list must be categorized according to:
(1)  companies that are scrutinized companies under Section 2270.0001(9)(A);
(2)  companies that are scrutinized companies under Section 2270.0001(9)(B); and
(3)  companies that are scrutinized companies under Section 2270.0001(9)(C).
(b)  In maintaining the list of scrutinized companies under Subsection (a), the comptroller may review and rely, as appropriate in the comptroller's judgment, on publicly available information regarding companies with business operations in Sudan, in Iran, or with designated foreign terrorist organizations, as applicable, including information provided by the state, nonprofit organizations, research firms, international organizations, and governmental entities.
(c)  The comptroller shall update the list of scrutinized companies under Subsection (a) annually or more often as the comptroller considers necessary, but not more often than quarterly, based on information from, among other sources, those listed in Subsection (b).
(d)  The comptroller shall:
(1)  provide each list prepared or updated under this section to each investing entity; and
(2)  post each list on the comptroller's Internet website.
(e)  Not later than the 30th day after the date a list of scrutinized companies is provided, the comptroller shall file the list of scrutinized companies with the presiding officer of each house of the legislature and the attorney general.
(f)  For purposes of the prohibitions and duties under this chapter, the date the comptroller posts on the comptroller's Internet website a list of scrutinized companies under this section is considered the date the comptroller receives notice of the list.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter E. Duties Regarding Investments › Section 2270.0202. Identification of Investment in Listed Companies

Sec. 2270.0202.   IDENTIFICATION OF INVESTMENT IN LISTED COMPANIES.  Not later than the 30th day after the date an investing entity receives a list provided under Section 2270.0201, the entity shall notify the comptroller of the listed companies in which the entity owns direct or indirect holdings.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter E. Duties Regarding Investments › Section 2270.0203. Notice to Listed Company Engaged in Inactive Business Operations

Sec. 2270.0203.  NOTICE TO LISTED COMPANY ENGAGED IN INACTIVE BUSINESS OPERATIONS.  For each listed company identified under Section 2270.0202 that is engaged in only inactive scrutinized business operations, the investing entity shall send a written notice informing the company of this chapter and encouraging the company to continue to refrain from initiating active business operations in Sudan, in Iran, and with designated foreign terrorist organizations until it is able to avoid being considered a listed company.  The investing entity shall continue the correspondence as the entity considers necessary, but is not required to initiate correspondence more often than semiannually.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter E. Duties Regarding Investments › Section 2270.0204. Actions Relating to Listed Company Engaged in Active Business Operations

Sec. 2270.0204.  ACTIONS RELATING TO LISTED COMPANY ENGAGED IN ACTIVE BUSINESS OPERATIONS.  (a)  For each listed company identified under Section 2270.0202 that is engaged in scrutinized active business operations, the investing entity shall send a written notice informing the company of its listed company status and warning the company that it may become subject to divestment by investing entities.
(b)  The notice shall offer the company the opportunity to clarify its Sudan-related, Iran-related, or designated foreign terrorist organization-related activities, as applicable, and shall encourage the company, not later than the 90th day after the date the company receives notice under this section, to either cease all scrutinized business operations as described by Sections 2270.0052, 2270.0102, and 2270.0152, or convert such operations to inactive business operations in order to avoid qualifying for divestment by investing entities.
(c)  If, during the time provided by Subsection (b), the company ceases scrutinized business operations described by that subsection, the comptroller shall remove the company from the list of scrutinized companies and this chapter will no longer apply to the company unless it resumes scrutinized business operations.
(d)  If, during the time provided by Subsection (b), the company converts its scrutinized active business operations to inactive business operations, the company is subject to all provisions of this chapter relating to inactive business operations.
(e)  If, after the time provided by Subsection (b) expires, the listed company continues to have scrutinized active business operations, the investing entity shall sell, redeem, divest, or withdraw all publicly traded securities of the company, except securities described by Section 2270.0207, according to the schedule provided by Section 2270.0206.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter E. Duties Regarding Investments › Section 2270.0205. Actions Relating to Listed Company Complicit in Genocide

Sec. 2270.0205.  ACTIONS RELATING TO LISTED COMPANY COMPLICIT IN GENOCIDE.  (a)  In this section, "complicit" has the meaning assigned by Section 2270.0051.
(b)  For each company identified under Section 2270.0202 that has been complicit, the investing entity shall send a written notice informing the company of its listed company status and warning the company that it may become subject to divestment by the investing entity.
(c)  The notice must require the listed company to refrain from taking any further action that would make it complicit.
(d)  If, after receiving the notice under Subsection (b), the listed company takes additional action that makes the company complicit, the investing entity shall sell, redeem, divest, or withdraw all publicly traded securities of the company, except securities described by Section 2270.0207, according to the schedule provided by Section 2270.0206.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter E. Duties Regarding Investments › Section 2270.0206. Divestment of Assets

Sec. 2270.0206.  DIVESTMENT OF ASSETS.  (a)  An investing entity required to sell, redeem, divest, or withdraw all publicly traded securities of a listed company shall comply with the following schedule:
(1)  at least 50 percent of those assets shall be removed from the investing entity's assets under management not later than the 270th day after the date the company receives notice under Section 2270.0204 or 2270.0205 or Subsection (b); and
(2)  100 percent of those assets shall be removed from the investing entity's assets under management not later than the 450th day after the date the company receives notice under Section 2270.0204 or 2270.0205 or Subsection (b).
(b)  If a company that ceased scrutinized active business operations after receiving notice under Section 2270.0204 resumes scrutinized active business operations, the investing entity shall send a written notice to the company informing it that the entity will sell, redeem, divest, or withdraw all publicly traded securities of the scrutinized company according to the schedule in Subsection (a).
(c)  An investing entity may delay the schedule for divestment under Subsection (a) only to the extent that the entity determines, in the entity's good faith judgment, that divestment from listed companies will likely result in a loss in value described by Section 2270.0208(a).  If the entity delays the schedule for divestment, the entity shall submit a report to the presiding officer of each house of the legislature and the attorney general stating the reasons and justification for the entity's delay in divestment from listed companies.  The report must include documentation supporting its determination that the divestment would result in a loss in value described by Section 2270.0208(a), including objective numerical estimates.  The investing entity shall update the report every six months.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter E. Duties Regarding Investments › Section 2270.0207. Investments Exempted From Divestment

Sec. 2270.0207.  INVESTMENTS EXEMPTED FROM DIVESTMENT.  An investing entity is not required to divest from any indirect holdings in actively managed investment funds or private equity funds.  The investing entity shall submit letters to the managers of investment funds containing listed companies requesting that they consider removing those companies from the fund or create a similar actively managed fund with indirect holdings devoid of listed companies.  If the manager creates a similar fund with substantially the same management fees and same level of investment risk, the investing entity shall replace all applicable investments with investments in the similar fund in an expedited time frame consistent with prudent fiduciary standards.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter E. Duties Regarding Investments › Section 2270.0208. Authorized Investment in Listed Companies

Sec. 2270.0208.  AUTHORIZED INVESTMENT IN LISTED COMPANIES.  (a)  An investing entity may cease divesting from or may reinvest in one or more listed companies if clear and convincing evidence shows that the value for all assets under management by the entity becomes equal to or less than 99.7 percent of the hypothetical value of all assets under management by the entity had the entity not divested from listed companies under this chapter.
(b)  An investing entity may invest in a listed company as provided by this section only to the extent necessary to ensure that the value of the assets managed by the entity does not fall below the value described by Subsection (a).
(c)  Before an investing entity may invest in a listed company under this section, the entity must provide a written report to the presiding officer of each house of the legislature and the attorney general setting forth the reason and justification, supported by clear and convincing evidence, for its decisions to cease divestment, to reinvest, or to remain invested in a listed company.
(d)  The investing entity shall update the report required by Subsection (c) semiannually, as applicable.
(e)  This section does not apply to reinvestment in a company that has ceased to be a listed company.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter E. Duties Regarding Investments › Section 2270.0209. Prohibited Investments

Sec. 2270.0209.  PROHIBITED INVESTMENTS.  Except as provided by Sections 2270.0002 and 2270.0208, an investing entity may not acquire securities of a listed company.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter F. Expiration; Report; Enforcement › Section 2270.0251. Expiration of Chapter

Sec. 2270.0251.  EXPIRATION OF CHAPTER.  This chapter expires September 1, 2037.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter F. Expiration; Report; Enforcement › Section 2270.0252. Report

Sec. 2270.0252.  REPORT.  Not later than December 31 of each year, each investing entity shall:
(1)  file a publicly available report with the presiding officer of each house of the legislature and the attorney general that:
(A)  identifies all investments sold, redeemed, divested, or withdrawn in compliance with Section 2270.0206;
(B)  identifies all prohibited investments under Section 2270.0209; and
(C)  summarizes any changes made under Section 2270.0207; and
(2)  file a report with the United States presidential special envoy to Sudan that identifies investments in Sudan identified in the report as required by Subdivisions (1)(A) and (B) and summarizes any changes made under Section 2270.0207 related to those investments.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2270 - Prohibition on Investing Public Money in Certain Investments › Subchapter F. Expiration; Report; Enforcement › Section 2270.0253. Enforcement

Sec. 2270.0253.  ENFORCEMENT.  The attorney general may bring any action necessary to enforce this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1375 (S.B. 247), Sec. 2, eff. January 1, 2008.
Transferred, redesignated and amended from Government Code, Chapter 806 by Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. 253), Sec. 4, eff. May 23, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2271 - Prohibition on Contracts With Companies Boycotting Israel › Section 2271.001. Definitions

Sec. 2271.001.  DEFINITIONS.  In this chapter:
(1)  "Boycott Israel" has the meaning assigned by Section 808.001.
(2)  "Company" has the meaning assigned by Section 808.001, except that the term does not include a sole proprietorship.
(3)  "Governmental entity" has the meaning assigned by Section 2251.001.
Added by Acts 2017, 85th Leg., R.S., Ch. 1 (H.B. 89), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 30 (H.B. 793), Sec. 1, eff. May 7, 2019.
Redesignated from Government Code, Chapter 2270 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(35), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2271 - Prohibition on Contracts With Companies Boycotting Israel › Section 2271.002. Provision Required in Contract

Sec. 2271.002.  PROVISION REQUIRED IN CONTRACT.  (a) This section applies only to a contract that:
(1)  is between a 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 governmental entity.
(b)  A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:
(1)  does not boycott Israel; and
(2)  will not boycott Israel during the term of the contract.
Added by Acts 2017, 85th Leg., R.S., Ch. 1 (H.B. 89), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 30 (H.B. 793), Sec. 2, eff. May 7, 2019.
Redesignated from Government Code, Chapter 2270 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(35), eff. September 1, 2019.