reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2272 - Certain Construction Liability Claims › Section 2272.001. Definitions

Sec. 2272.001.  DEFINITIONS.  In this chapter:
(1)  "Action" means a court or judicial proceeding or an arbitration.  The term does not include an administrative action.
(2)  "Construction" includes:
(A)  the initial construction of an improvement to real property;
(B)  the construction of an addition to an improvement to real property; or
(C)  the repair, alteration, or remodeling of an improvement to real property.
(3)  "Construction defect" means a deficiency in the construction of an improvement to real property, including a deficiency in or arising out of the design, specifications, surveying, planning, or supervision of the construction, that is the result of:
(A)  the use of defective materials, products, or components in the construction;
(B)  a violation of a building code applicable by law to the construction;
(C)  a failure of the design of an improvement to real property to meet the professional standards of care applicable at the time of governmental approval of the design or as otherwise applicable if no governmental approval of the design was required or obtained; or
(D)  a failure to perform the construction in accordance with the accepted trade standards for good and workmanlike construction.
(4)  "Contractor" means a person engaged in the business of developing, constructing, fabricating, repairing, altering, or remodeling improvements to real property.
(5)  "Design professional" means an individual registered as an architect under Chapter 1051, Occupations Code, or a person licensed as an engineer under Chapter 1001, Occupations Code.
(6)  "Governmental entity" means:
(A)  the state;
(B)  a municipality, county, public school district, or special-purpose district or authority;
(C)  a district, county, or justice of the peace court;
(D)  a board, commission, department, office, or other agency in the executive branch of state government, including an institution of higher education as defined by Section 61.003, Education Code;
(E)  the legislature or a legislative agency;  or
(F)  the Supreme Court of Texas, the Texas Court of Criminal Appeals, a court of appeals, or the State Bar of Texas or another judicial agency having statewide jurisdiction.
(7)  "Subcontractor" means a contractor directly retained and compensated by another contractor to perform labor or perform labor and supply materials in the construction.
(8)  "Supplier" means a person who provides only materials, equipment, or other supplies for the construction.
Added by Acts 2019, 86th Leg., R.S., Ch. 1287 (H.B. 1999), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2272 - Certain Construction Liability Claims › Section 2272.002. Applicability of Chapter

Sec. 2272.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to a claim:
(1)  for:
(A)  damages arising from damage to or loss of real or personal property caused by an alleged construction defect in an improvement to real property that is a public building or public work; or
(B)  indemnity or contribution for damages described by Paragraph (A);
(2)  asserted by a governmental entity with an interest in the public building or public work affected by the alleged construction defect; and
(3)  asserted against a contractor, subcontractor, supplier, or design professional.
(b)  This chapter does not apply to:
(1)  a claim for personal injury, survival, or wrongful death;
(2)  a claim involving the construction of residential property covered under Chapter 27, Property Code;
(3)  a contract entered into by the Texas Department of Transportation;
(4)  a project that receives money from a state or federal highway fund; or
(5)  a civil works project as defined by Section 2269.351.
Added by Acts 2019, 86th Leg., R.S., Ch. 1287 (H.B. 1999), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2272 - Certain Construction Liability Claims › Section 2272.0025. Waiver Prohibited

Sec. 2272.0025.  WAIVER PROHIBITED.  This chapter may not be waived.  A purported waiver of this chapter in violation of this section is void.
Added by Acts 2023, 88th Leg., R.S., Ch. 588 (H.B. 2965), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2272 - Certain Construction Liability Claims › Section 2272.003. Report

Sec. 2272.003.  REPORT.  (a) Before bringing an action asserting a claim to which this chapter applies, the governmental entity must provide each party with whom the governmental entity has a contract for the design or construction of an affected structure a written report by certified mail, return receipt requested, that clearly:
(1)  identifies the specific construction defect on which the claim is based;
(2)  describes the present physical condition of the affected structure; and
(3)  describes any modification, maintenance, or repairs to the affected structure made by the governmental entity or others since the affected structure was initially occupied or used.
(b)  Not later than the fifth day after the date a contractor receives a report under Subsection (a), the contractor must provide a copy of the report to each subcontractor retained on the construction of the affected structure whose work is subject to the claim.
Added by Acts 2019, 86th Leg., R.S., Ch. 1287 (H.B. 1999), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2272 - Certain Construction Liability Claims › Section 2272.004. Opportunity to Inspect and Correct

Sec. 2272.004.  OPPORTUNITY TO INSPECT AND CORRECT.  (a)  Before bringing an action asserting a claim to which this chapter applies, the governmental entity must allow each party with whom the governmental entity has a contract for the design or construction of an affected structure and who is subject to the claim and any known subcontractor or supplier who is subject to the claim:
(1)  a reasonable opportunity to inspect any construction defect or related condition identified in the report for a period of 30 days after sending the report required by Section 2272.003; and
(2)  at least 120 days after the inspection to:
(A)  correct any construction defect or related condition identified in the report; or
(B)  enter into a separate agreement with the governmental entity to correct any construction defect or related condition identified in the report.
(b)  The governmental entity is not required to allow a party to make a correction or repair under Subsection (a) if:
(1)  the party:
(A)  is a contractor and cannot provide payment and performance bonds to cover the corrective work;
(B)  cannot provide liability insurance or workers' compensation insurance;
(C)  has been previously terminated for cause by the governmental entity; or
(D)  has been convicted of a felony; or
(2)  the governmental entity previously complied with the process required by Subsection (a) regarding a construction defect or related condition identified in the report and:
(A)  the defect or condition was not corrected as required by Subsection (a)(2)(A) or an agreement under Subsection (a)(2)(B); or
(B)  the attempt to correct the construction defect or related condition identified in the report resulted in a new construction defect or related condition.
Added by Acts 2019, 86th Leg., R.S., Ch. 1287 (H.B. 1999), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2272 - Certain Construction Liability Claims › Section 2272.005. Tolling of Limitations and Repose Periods

Sec. 2272.005.  TOLLING OF LIMITATIONS AND REPOSE PERIODS.  If the report and opportunity to correct required by Sections 2272.003 and 2272.004 are provided during the final year of a limitations or repose period applicable to the claim, the limitations or repose period is tolled until the first anniversary of the date on which the report is provided.
Added by Acts 2019, 86th Leg., R.S., Ch. 1287 (H.B. 1999), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2272 - Certain Construction Liability Claims › Section 2272.006. Dismissal

Sec. 2272.006.  DISMISSAL.  (a)  If a governmental entity brings an action asserting a claim to which this chapter applies without complying with Sections 2272.003 and 2272.004, the court, arbitrator, or other adjudicating authority shall dismiss the action without prejudice.
(b)  If an action is dismissed without prejudice under Subsection (a) and the governmental entity brings a second action asserting a claim to which this chapter applies without complying with Sections 2272.003 and 2272.004, the court, arbitrator, or other adjudicating authority shall dismiss the action with prejudice.
Added by Acts 2019, 86th Leg., R.S., Ch. 1287 (H.B. 1999), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2272 - Certain Construction Liability Claims › Section 2272.007. Recovery of Report Costs

Sec. 2272.007.  RECOVERY OF REPORT COSTS.  If a report provided by a governmental entity under Section 2272.003 identifies a construction defect that is corrected under Section 2272.004 or for which the governmental entity recovers damages, the party responsible for that construction defect shall pay the reasonable amounts incurred by the governmental entity to obtain the report with respect to identification of that construction defect.
Added by Acts 2019, 86th Leg., R.S., Ch. 1287 (H.B. 1999), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2272 - Certain Construction Liability Claims › Section 2272.008. Emergency Repairs by Governmental Entity

Sec. 2272.008.  EMERGENCY REPAIRS BY GOVERNMENTAL ENTITY.  This chapter does not prohibit or limit a governmental entity from making emergency repairs to the property as necessary to protect the health, safety, and welfare of the public or a building occupant.
Added by Acts 2019, 86th Leg., R.S., Ch. 1287 (H.B. 1999), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2272 - Certain Construction Liability Claims › Section 2272.009. Insurance Treatment of Claim

Sec. 2272.009.  INSURANCE TREATMENT OF CLAIM.  If a party, in connection with a potential claim against the party, receives a written notice of an alleged construction defect or a report under Section 2272.003 identifying a construction defect and provides the notice or report to the party's insurer, the insurer shall treat the provision of the notice or report to the party as the filing of a suit asserting that claim against the party for purposes of the relevant policy terms.
Added by Acts 2019, 86th Leg., R.S., Ch. 1287 (H.B. 1999), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2273 - Prohibited Transactions › Section 2273.001. Definitions

Sec. 2273.001.  DEFINITIONS.  In this chapter:
(1)  "Abortion" has the meaning assigned by Section 245.002, Health and Safety Code.
(2)  "Abortion provider" means:
(A)  a facility licensed under Chapter 245, Health and Safety Code; or
(B)  an ambulatory surgical center licensed under Chapter 243, Health and Safety Code, that is used to perform more than 50 abortions in any 12-month period.
(3)  "Affiliate" means a person or entity who enters into with another person or entity a legal relationship created or governed by at least one written instrument, including a certificate of formation, a franchise agreement, standards of affiliation, bylaws, or a license, that demonstrates:
(A)  common ownership, management, or control between the parties to the relationship;
(B)  a franchise granted by the person or entity to the affiliate; or
(C)  the granting or extension of a license or other agreement authorizing the affiliate to use the other person's or entity's brand name, trademark, service mark, or other registered identification mark.
(4)  "Governmental entity" means this state, a state agency in the executive, judicial, or legislative branch of state government, or a political subdivision of this state.
(5)  "Taxpayer resource transaction" means a sale, purchase, lease, donation of money, goods, services, or real property, or any other transaction between a governmental entity and a private entity that provides to the private entity something of value derived from state or local tax revenue, regardless of whether the governmental entity receives something of value in return.  The term does not include the provision of basic public services, including fire and police protection and utilities, by a governmental entity to an abortion provider or affiliate in the same manner as the entity provides the services to the general public.  The term includes advocacy or lobbying by or on behalf of a governmental entity on behalf of the interests of an abortion provider or affiliate, but does not include:
(A)  an officer or employee of a governmental entity providing information to a member of the legislature or appearing before a legislative committee at the request of the member or committee;
(B)  an elected official advocating for or against or otherwise influencing or attempting to influence the outcome of legislation pending before the legislature while acting in the capacity of an elected official; or
(C)  an individual speaking as a private citizen on a matter of public concern.
Added by Acts 2019, 86th Leg., R.S., Ch. 501 (S.B. 22), Sec. 1, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(52), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2273 - Prohibited Transactions › Section 2273.002. Applicability

Sec. 2273.002.  APPLICABILITY.    (a)  This chapter does not apply to:
(1)  a hospital licensed under Chapter 241, Health and Safety Code;
(2)  the office of a physician licensed under Subtitle B, Title 3, Occupations Code, that performs 50 or fewer abortions in any 12-month period;
(3)  a state hospital as defined by Section 552.0011, Health and Safety Code;
(4)  a teaching hospital of a public or private institution of higher education; or
(5)  an accredited residency program providing training to resident physicians.
(b)  For purposes of this chapter, a facility is not considered to be an abortion provider solely based on the performance of an abortion at the facility during a medical emergency as defined by Section 171.002, Health and Safety Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 501 (S.B. 22), Sec. 1, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(52), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2273 - Prohibited Transactions › Section 2273.003. Abortion Provider and Affiliate Transactions Prohibited; Exception

Sec. 2273.003.  ABORTION PROVIDER AND AFFILIATE TRANSACTIONS PROHIBITED; EXCEPTION.  (a)  Except as provided by Subsection (b), a governmental entity may not enter into a taxpayer resource transaction with an abortion provider or an affiliate of an abortion provider.
(b)  This section does not apply to a taxpayer resource transaction that is subject to a federal law in conflict with Subsection (a) as determined by the executive commissioner of the Health and Human Services Commission and confirmed in writing by the attorney general.
Added by Acts 2019, 86th Leg., R.S., Ch. 501 (S.B. 22), Sec. 1, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(52), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2273 - Prohibited Transactions › Section 2273.004. Injunction; Waiver of Immunity

Sec. 2273.004.  INJUNCTION; WAIVER OF IMMUNITY.  (a)  The attorney general may bring an action in the name of the state to enjoin a violation of Section 2273.003.  The attorney general may recover reasonable attorney's fees and costs incurred in bringing an action under this subsection.
(b)  Sovereign or governmental immunity, as applicable, of a governmental entity to suit and from liability is waived to the extent of liability created by Subsection (a).
Added by Acts 2019, 86th Leg., R.S., Ch. 501 (S.B. 22), Sec. 1, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(52), eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 10.008, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2273 - Prohibited Transactions › Section 2273.005. Construction of Chapter

Sec. 2273.005.  CONSTRUCTION OF CHAPTER.  This chapter may not be construed to restrict a municipality or county from prohibiting abortion.
Added by Acts 2019, 86th Leg., R.S., Ch. 501 (S.B. 22), Sec. 1, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(52), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2274 - Prohibition on Contracts With Companies That Discriminate Against Firearm and Ammunition Industries › Section 2274.002. Provision Required in Contract

Sec. 2274.002.  PROVISION REQUIRED IN CONTRACT. (a)  This section applies only to a contract that:
(1)  is between a governmental entity and a company with at least 10 full-time employees; and
(2)  has a value of at least $100,000 that is paid wholly or partly from public funds of the governmental entity.
(b)  Except as provided by Subsection (c) and Section 2274.003, a governmental entity may not enter into a contract with a company for the purchase of goods or services unless the contract contains a written verification from the company that it:
(1)  does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and
(2)  will not discriminate during the term of the contract against a firearm entity or firearm trade association.
(c)  Subsection (b) does not apply to a governmental entity that:
(1)  contracts with a sole-source provider; or
(2)  does not receive any bids from a company that is able to provide the written verification required by that subsection.
Added by Acts 2021, 87th Leg., R.S., Ch. 530 (S.B. 19), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2274 - Prohibition on Contracts With Companies That Discriminate Against Firearm and Ammunition Industries › Section 2274.003. Certain Contracts Exempted

Sec. 2274.003.  CERTAIN CONTRACTS EXEMPTED.  (a)  A contract entered into in connection with or relating to the issuance, sale, or delivery of notes under Subchapter H, Chapter 404, or the administration of matters related to the notes, including the investment of note proceeds, is exempt from this chapter if, in the comptroller's sole discretion, the comptroller determines that compliance with Section 2274.002 is likely to prevent:
(1)  an issuance, sale, or delivery that is sufficient to address the general revenue cash flow shortfall forecast; or
(2)  the administration of matters related to the notes.
(b)  Before making a determination under Subsection (a), the comptroller must:
(1)  survey potential respondents or bidders to a solicitation for a contract described by Subsection (a) to determine the number of qualified potential respondents or bidders that are able to provide the written verification required by Section 2274.002; and
(2)  evaluate the historical bidding performance of qualified potential bidders.
Added by Acts 2021, 87th Leg., R.S., Ch. 530 (S.B. 19), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2275 - Prohibition on Contracts With Certain Foreign-Owned Companies in Connection With Critical Infrastructure › Section 2275.0101. Definitions

Sec. 2275.0101.  DEFINITIONS.  In this chapter:
(1)  "Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations, that exists to make a profit.
(2)  "Critical infrastructure" means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.
(3)  "Cybersecurity" means the measures taken to protect a computer, computer network, computer system, or other technology infrastructure against unauthorized use or access.
(4)  "Designated country" means a country designated by the governor as a threat to critical infrastructure under Section 2275.0103.
(5)  "Governmental entity" means a state agency, a political subdivision, or an independent organization certified under Section 39.151, Utilities Code, to perform a function described by Section 39.151(a), Utilities Code.
(6)  "Affiliate," with respect to a company entering into an agreement in which the critical infrastructure is electric grid equipment, has the meaning assigned by the protocols of the independent organization certified under Section 39.151, Utilities Code, for the ERCOT power region.
Added by Acts 2021, 87th Leg., R.S., Ch. 975 (S.B. 2116), Sec. 3, eff. June 18, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 464 (S.B. 2013), Sec. 3, eff. June 9, 2023.
Redesignated from Government Code, Chapter 2274 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(21), eff. September 1, 2023.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(12), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2275 - Prohibition on Contracts With Certain Foreign-Owned Companies in Connection With Critical Infrastructure › Section 2275.0102. Prohibited Contracts

Sec. 2275.0102.  PROHIBITED CONTRACTS.  (a)  A governmental entity may not enter into a contract or other agreement relating to critical infrastructure in this state with a company:
(1)  if, under the contract or other agreement, the company would be granted direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the governmental entity for product warranty and support purposes; and
(2)  if the governmental entity knows that the company is:
(A)  owned by or the majority of stock or other ownership interest of the company is held or controlled by:
(i)  individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; or
(ii)  a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or
(B)  headquartered in China, Iran, North Korea, Russia, or a designated country.
(b)  The prohibition described by Subsection (a) applies regardless of whether:
(1)  the company's or its parent company's securities are publicly traded; or
(2)  the company or its parent company is listed on a public stock exchange as:
(A)  a Chinese, Iranian, North Korean, or Russian company; or
(B)  a company of a designated country.
Added by Acts 2021, 87th Leg., R.S., Ch. 975 (S.B. 2116), Sec. 3, eff. June 18, 2021.
Redesignated from Government Code, Chapter 2274 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(21), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2275 - Prohibition on Contracts With Certain Foreign-Owned Companies in Connection With Critical Infrastructure › Section 2275.0103. Designation of Country as Threat to Critical Infrastructure

Sec. 2275.0103.  DESIGNATION OF COUNTRY AS THREAT TO CRITICAL INFRASTRUCTURE.  (a)  The governor, after consultation with the public safety director of the Department of Public Safety, may designate a country as a threat to critical infrastructure for purposes of this chapter.
(b)  The governor shall consult the Homeland Security Council, established under Subchapter B, Chapter 421, to assess a threat to critical infrastructure for purposes of making a designation under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 975 (S.B. 2116), Sec. 3, eff. June 18, 2021.
Redesignated from Government Code, Chapter 2274 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(21), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2276 - Prohibition on Contracts With Companies Boycotting Certain Energy Companies › Section 2276.001. Definitions

Sec. 2276.001.  DEFINITIONS.  In this chapter:
(1)  "Boycott energy company" has the meaning assigned by Section 809.001.
(2)  "Company" has the meaning assigned by Section 809.001, except that the term does not include a sole proprietorship.
(3)  "Governmental entity" has the meaning assigned by Section 2251.001.
Added by Acts 2021, 87th Leg., R.S., Ch. 529 (S.B. 13), Sec. 2, eff. September 1, 2021.
Redesignated from Government Code, Chapter 2274 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(22), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2276 - Prohibition on Contracts With Companies Boycotting Certain Energy Companies › Section 2276.002. Provision Required in Contract

Sec. 2276.002.  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)  Except as provided by Subsection (c), 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 energy companies; and
(2)  will not boycott energy companies during the term of the contract.
(c)  Subsection (b) does not apply to a 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.
Added by Acts 2021, 87th Leg., R.S., Ch. 529 (S.B. 13), Sec. 2, eff. September 1, 2021.
Redesignated from Government Code, Chapter 2274 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(22), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2277 - Agreements With Professional Sports Teams › Section 2277.001. Definitions

Sec. 2277.001.  DEFINITIONS.  In this chapter:
(1)  "Governmental entity" has the meaning assigned by Section 2251.001.
(2)  "Professional sports team" has the meaning assigned by Section 2004.002, Occupations Code.  The term includes a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of a professional sports team that exists to make a profit.
(3)  "Sporting event" means any preseason, regular season, or postseason game of a professional sports team.
Added by Acts 2021, 87th Leg., R.S., Ch. 833 (S.B. 4), Sec. 1, eff. September 1, 2021.
Redesignated from Government Code, Chapter 2274 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(23), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2277 - Agreements With Professional Sports Teams › Section 2277.002. Provisions Required in Certain Agreements

Sec. 2277.002.  PROVISIONS REQUIRED IN CERTAIN AGREEMENTS.  A governmental entity may not enter into an agreement with a professional sports team that requires a financial commitment by this state or any governmental entity unless the agreement includes:
(1)  a written verification that the professional sports team will play the United States national anthem at the beginning of each team sporting event held at the team's home venue or other facility controlled by the team for the event; and
(2)  a provision providing that failure to comply with the written verification required by Subdivision (1) for any team sporting event at the team's home venue or other facility:
(A)  constitutes a default of the agreement;
(B)  immediately subjects the team to any penalty the agreement authorizes for default, which may include requiring the team to repay any money paid to the team by this state or any governmental entity or classifying the team as ineligible to receive further money under the agreement; and
(C)  may subject the team to debarment from contracting with this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 833 (S.B. 4), Sec. 1, eff. September 1, 2021.
Redesignated from Government Code, Chapter 2274 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(23), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2277 - Agreements With Professional Sports Teams › Section 2277.003. Strict Adherence to Default Provision

Sec. 2277.003.  STRICT ADHERENCE TO DEFAULT PROVISION.  (a)  A governmental entity that enters into an agreement with a professional sports team shall strictly adhere to the default provision required by Section 2277.002(2).
(b)  If a governmental entity fails to timely adhere to the default provision required under Section 2277.002(2), the attorney general may intervene to enforce the provision.
Added by Acts 2021, 87th Leg., R.S., Ch. 833 (S.B. 4), Sec. 1, eff. September 1, 2021.
Redesignated from Government Code, Chapter 2274 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(23), eff. September 1, 2023.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(13), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2302 - Cogeneration › Subchapter A. General Provisions › Section 2302.001. Definitions

Sec. 2302.001.  DEFINITIONS.  In this chapter:
(1)  "Cogenerating state agency" means a state agency that has constructed or operates a state agency cogeneration facility.
(2)  "Commission" means the Public Utility Commission of Texas.
(3)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 4(c)(1), and Ch. 755 (S.B. 1731), Sec. 14(c)(1), eff. September 1, 2017.
(4)  "Firm power" means power or power-producing capacity that, under an enforceable obligation, is available to the purchasing party according to a schedule over a specified term.
(5)  "Nonfirm power" means power provided under an arrangement that does not guarantee that power will be available according to a schedule but provides instead for delivery of power as it is available.
(6)  "Qualifying facility" means a qualifying small power production facility or a qualifying cogeneration facility as defined by Sections 3(17)(C) and 3(18)(B) of the Federal Power Act (16 U.S.C. Sections 796(17)(C) and 796(18)(B)).
(7)  "State agency" means an office, department, commission, or board of any branch of state government or an institution of higher education as defined by Section 61.003, Education Code.
(8)  "State agency cogeneration facility" means a qualifying facility constructed or operated by a state agency for the benefit of a state agency facility that is located adjacent to or on property contiguous with the site of the qualifying facility.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 4(c)(1), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 14(c)(1), eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2302 - Cogeneration › Subchapter B. Cogeneration › Section 2302.021. State Agency Cogeneration Projects

Sec. 2302.021.  STATE AGENCY COGENERATION PROJECTS.  (a)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 4(c)(3), and Ch. 755 (S.B. 1731), Sec. 14(c)(3), eff. September 1, 2017.
(b)  A state agency cogeneration facility's size and design is limited to the size and design that is necessary to supply economically the cogenerating state agency, considering the optimum balance of annual thermal and electrical energy requirements and any expansions anticipated in the near future.
(c)  This section does not apply to a state agency cogeneration facility if, before September 1, 1987:
(1)  the facility was in operation;
(2)  the facility's final engineering design had been completed;  or
(3)  construction of the facility had begun.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 4(c)(3), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 14(c)(3), eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2302 - Cogeneration › Subchapter B. Cogeneration › Section 2302.023. Joint Cogeneration Projects

Sec. 2302.023.  JOINT COGENERATION PROJECTS.  Subject to this chapter, two or more state agencies may jointly construct or operate a state agency cogeneration facility.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2302 - Cogeneration › Subchapter B. Cogeneration › Section 2302.024. Authority to Sell Power

Sec. 2302.024.  AUTHORITY TO SELL POWER.  A cogenerating state agency may contract in the same manner as a qualifying facility for the sale to an electric utility of firm or nonfirm power produced by the state agency cogeneration facility that exceeds the agency's power requirements.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 4(b), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 14(b), eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2302 - Cogeneration › Subchapter B. Cogeneration › Section 2302.025. Money From Power Sales

Sec. 2302.025.  MONEY FROM POWER SALES.  (a)  A state agency shall first apply money it collects from the sale of firm or nonfirm power to retire any outstanding debt and pay operating expenses that result from constructing and maintaining the state agency cogeneration facility.
(b)  A state agency shall deposit to the credit of the general revenue fund any money it collects under this chapter that exceeds the amount needed to service the debt and pay the operating expenses of the state agency cogeneration facility.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2302 - Cogeneration › Subchapter C. Enforcement › Section 2302.041. Cooperation With Cogenerating State Agencies

Sec. 2302.041.  COOPERATION WITH COGENERATING STATE AGENCIES.  A political subdivision, municipality, or agency of the state that operates, maintains, or controls a facility that provides retail electric utility service:
(1)  shall cooperate with a cogenerating state agency that attempts to sell firm or nonfirm power;  and
(2)  may not adopt rates, pricing policies, access restrictions, or other rules inconsistent with the intent of this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2302 - Cogeneration › Subchapter C. Enforcement › Section 2302.042. Petition for Enforcement

Sec. 2302.042.  PETITION FOR ENFORCEMENT.  (a)  A state agency may file a petition with the commission to enforce Section 2302.041.
(b)  Notwithstanding any other law, if a state agency files a petition under this section, the commission may determine issues relating to rates, pricing policies, access restrictions, and other matters regarding a state agency cogeneration facility as necessary to enforce Section 2302.041.
(c)  The commission retains jurisdiction until the commission by final order resolves the issues raised in the petition.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2302 - Cogeneration › Subchapter C. Enforcement › Section 2302.043. Order or Ruling

Sec. 2302.043.  ORDER OR RULING.  (a)  A commission order or ruling entered under this chapter is considered to have been entered or adopted under the Public Utility Regulatory Act of 1995.
(b)  A commission order or ruling entered under this chapter is enforced under Subtitle I, Title I, Public Utility Regulatory Act of 1995.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 765, Sec. 2.24, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2302 - Cogeneration › Subchapter C. Enforcement › Section 2302.044. Jurisdiction

Sec. 2302.044.  JURISDICTION.  This chapter does not enlarge or modify the commission's jurisdiction over a political subdivision, municipality, or agency of the state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2303 - Enterprise Zones › Subchapter A. General Provisions › Section 2303.001. Short Title

Sec. 2303.001.  SHORT TITLE.  This chapter may be cited as the Texas Enterprise Zone Act.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2303 - Enterprise Zones › Subchapter A. General Provisions › Section 2303.002. Purposes

Sec. 2303.002.  PURPOSES.  The purposes of this chapter are to establish a process that clearly identifies severely distressed areas of the state and provides incentives by state and local government to induce private investment in those areas by removing unnecessary governmental regulatory barriers to economic growth and to provide tax incentives and economic development program benefits.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2303 - Enterprise Zones › Subchapter A. General Provisions › Section 2303.004. Jurisdiction of Municipality

Sec. 2303.004.  JURISDICTION OF MUNICIPALITY.  (a)  For the purposes of this chapter, territory in the municipal boundaries and in the extraterritorial jurisdiction of a municipality is considered to be in the jurisdiction of the municipality.
(b)  Notwithstanding Subsection (a), the governing body of a county may nominate for designation as an enterprise project a project or activity of a qualified business that is located within the jurisdiction of a municipality located in the county.
(c)  Before a county makes a nomination under Subsection (b), the nominating county must enter into an interlocal agreement with the municipality that has jurisdiction of the territory in which the nominated project or activity will be located.  The interlocal agreement must specify that either the nominating county or the municipality that has jurisdiction of the territory in which the nominated project or activity will be located is the governmental body having administration authority under Section 2303.201 and that both the nominating county and municipality approve the nomination.  For purposes of this subsection, a county during any biennium may use the maximum number of designations the county is permitted under Section 2303.406(d) within the territory described by this subsection.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 2, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 33, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 591 (S.B. 100), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2303 - Enterprise Zones › Subchapter B. Department Powers and Duties Relating to Zones › Section 2303.051. General Powers and Duties

Sec. 2303.051.  GENERAL POWERS AND DUTIES.  (a)  The bank shall administer and monitor the implementation of this chapter.
(a-1)  The bank shall compile data identifying the block groups in this state that automatically qualify for designation as enterprise zones under this chapter using the poverty data available from the most recent federal decennial census.  The bank shall update the block group information as soon as practicable after the date on which the next federal decennial census is released.  The bank shall make the information and updates available in an electronic format on the office's Internet website.
(a-2)  The bank shall annually compile data identifying the distressed counties in this state that automatically qualify for designation as enterprise zones under this chapter.
(b)  The bank shall establish criteria and procedures for designating a project or activity of a qualified business as an enterprise project.
(c)  The office shall adopt rules necessary to carry out the purposes of this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.02, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1243 (H.B. 1659), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2303 - Enterprise Zones › Subchapter B. Department Powers and Duties Relating to Zones › Section 2303.052. Bank Report Regarding Program

Sec. 2303.052.  BANK REPORT REGARDING PROGRAM.  The bank must include the following information regarding the enterprise zone program in the report required by Section 489.107:
(1)  an evaluation of the effectiveness of the program;
(2)  a description of the use of state and local incentives under this chapter and their effect on revenue; and
(3)  suggestions for legislation with regard to the program.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1121, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 814, Sec. 3.02, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2303 - Enterprise Zones › Subchapter B. Department Powers and Duties Relating to Zones › Section 2303.053. Assistance

Sec. 2303.053.  ASSISTANCE.  (a)  The bank shall assist:
(1)  a qualified business in obtaining the benefits of any incentive or inducement program provided by law;
(2)  a unit of local government in obtaining status as a federal zone designation that furthers the purpose of this chapter;
(3)  a nominating body in obtaining assistance from another state agency, including training and technical assistance to qualified businesses in an enterprise zone;  and
(4)  a nominating body in developing small business incubators.
(b)  The bank shall provide to persons desiring to locate and engage in business in an enterprise zone information and appropriate assistance relating to the required legal authorization, including a state license, permit, certificate, approval, registration, or charter, to engage in business in this state.
(c)  The bank shall publicize existing tax incentives and economic development programs in enterprise zones.
(d)  On request the bank shall offer to a unit of local government having an enterprise zone within its jurisdiction technical assistance relating to tax abatement and the development of alternative revenue sources.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2303 - Enterprise Zones › Subchapter B. Department Powers and Duties Relating to Zones › Section 2303.054. Coordination With Other Governmental Entities

Sec. 2303.054.  COORDINATION WITH OTHER GOVERNMENTAL ENTITIES.  (a)  In cooperation with the appropriate units of local government and other state agencies, the bank shall coordinate and streamline state business assistance programs and permit or license application procedures for businesses in enterprise zones.
(b)  The bank shall:
(1)  work with the responsible state and federal agencies to coordinate enterprise zone programs with other programs carried out in an enterprise zone, including housing, community and economic development, small business, banking, financial assistance, transportation, and employment training programs;
(2)  work to expedite, to the greatest extent possible, the consideration of applications for those programs by consolidating forms or by other means;  and
(3)  work, when possible, for the consolidation of periodic reports required under those programs into one summary report.
(c)  The bank shall encourage other state agencies in awarding grants, loans, or services to give priority to businesses in enterprise zones.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.02, eff. Sept. 1, 2003.