KBS Reference Desk: State Certifications Update – SB 13 & SB 19

Q:        Our District has not yet updated our procurement documents to reflect recent changes from two new bills (Senate Bills 13 and 19) passed in the most recent Legislative session. Is this something we need to do?

 A:        Yes. Both Senate Bill 13 and Senate Bill 19 will require school district vendors to certify compliance with these two new provisions if the vendor’s company meets certain requirements. 

 School districts must update their procurement documents, including their vendor packet, to address recent changes made by the Texas Legislature, including two new bills passed in the 87th regular session—Senate Bill 13 and Senate Bill 19.

 Both Senate Bill 13 and Senate Bill 19 require vendors to certify compliance with these two new provisions if their company meets the following requirements: (a) is not a sole proprietorship, (b) the company has 10 or more full-time employees; and (c) the contract has a value of $100,000 or more that is to be paid wholly or partly from public funds.

 Senate Bill 13 is codified in Section 2274 of the Texas Government Code. The statute now provides that if the vendor meets the above-referenced criteria, the vendor must certify that it does not currently and will not boycott energy companies during the term of the contract.  The term “boycott” means “refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).”

 Senate Bill 19 is codified in Section 2274.001 and requires vendors that meet the above-referenced criteria to verify that their company does not currently and will not discriminate against firearm and ammunition industries.  Sole-source providers are exempt from this certification.  Discrimination against firearm and ammunition industries means: (1) refusing to engage  “in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association”; (2) refraining “from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association”; or (3) terminating “an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association.”  Discrimination against a firearm and ammunition industry does not include: (1) established policies of a merchant or retail seller that restricts or prohibits the listing or selling of ammunition or firearms; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.”

 From a practical perspective, compliance with these new laws can occur in two ways:

  1. Update to your procurement documents to include within the packet a statement affirming that the company does not boycott energy companies or discriminate against firearm and ammunition companies with signatures from the company/firm representatives when submitting proposals or bids for the contract (similar to CIQ forms or 1295 disclosures); or
  2. Inclusion of a provision in the contract itself that states the vendor does not boycott energy companies or discriminate against firearm or ammunition companies.

Importantly, both SB 13 and SB 19 only apply to contracts entered into after the effective date of the laws (Sept. 1st for both). To the extent that you have entered into a contract since September 1, 2021 that you believe does not contain the required attestations from your vendor, it is wise to reach out to your school attorney to discuss options for a contract addendum.

 Please consult with your local school attorney to obtain SB 13 and SB 19 certification templates or review of your vendor packets to ensure compliance with applicable laws, rules, and regulations.

Related Posts

Recent Articles

KBS Reference Desk: Decrease in Compensation
May 20, 2022
KBS Reference Desk: Participation in Graduation Ceremonies
May 13, 2022
KBS Reference Desk: Temporary Custodians of Record – TPIA
May 6, 2022
KBS Reference Desk: Driving Students to Polls
April 29, 2022
KBS Reference Desk: Authority to Create New Position
April 22, 2022
KBS Reference Desk: Booster Club Raffle
April 15, 2022
KBS Reference Desk: Returning a Teacher to Probationary Status
April 8, 2022
KBS Reference Desk: Termination of Probationary Contract While On Leave
April 1, 2022
KBS Reference Desk: Long COVID and Special Education Referrals
March 25, 2022
KBS Reference Desk: Pay During Weather Closure
March 18, 2022
KBS Reference Desk: Nepotism
March 11, 2022
KBS Reference Desk: New SBOE Rules on Contract Abandonment
March 4, 2022
KBS Reference Desk: Web Accessibility
February 25, 2022
KBS Reference Desk: Political Advocacy Prohibitions
February 18, 2022
KBS Reference Desk: Pay During Weather Closure
February 11, 2022
KBS Reference Desk: House Bill 2581 Procurement Updates
February 4, 2022
KBS Reference Desk: CDL Waivers for Bus Drivers
January 28, 2022
KBS Reference Desk: Interstate Travel Liability and Travel Forms Best Practices
January 21, 2022
KBS Reference Desk: Updated Stay at Home Periods
January 14, 2022
KBS Reference Desk: On Call Employees Over Holidays
December 17, 2021
KBS Reference Desk: Holiday Decorations
December 10, 2021
KBS Reference Desk: Removal of Library Books
December 3, 2021
KBS Reference Desk: Attendance Waivers
November 19, 2021
KBS Reference Desk: HB 103 Texas Active Shooter Alert
November 12, 2021
KBS Reference Desk: Remote Learning and ADA-Funding
November 5, 2021