HB 4921
AN ACT relating to restrictions on the use of state funds to benefit
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to restrictions on the use of state funds to benefit
Subject Areas
Bill Text
relating to restrictions on the use of state funds to benefit private entities that outsource jobs to foreign countries. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle F, Title 10, Government Code, is amended by adding Chapter 2278 to read as follows: CHAPTER 2278. RESTRICTING STATE INVESTMENT IN AND PROVISION OF TAX BENEFITS TO ENTITIES THAT OUTSOURCE JOBS TO FOREIGN COUNTRIES SUBCHAPTER A. GENERAL PROVISIONS Sec. 2278.001. DEFINITION. In this chapter, "domestic" means created or organized in the United States or under the laws of the United States or any state. [Sections 2278.002-2278.050 reserved for expansion] SUBCHAPTER B. RESTRICTIONS ON INVESTMENTS Sec. 2278.051. APPLICABILITY OF SUBCHAPTER. (a) This subchapter applies in connection with the management or investment of state funds managed or invested: (1) under the Texas Constitution or other law, including Chapters 404 and 2256; and (A) a public retirement system as defined by Section 802.001 that provides service retirement, disability retirement, or death benefits for officers or employees of the (B) an institution of higher education as defined by Section 61.003, Education Code; or (C) another entity that is part of state government and that manages or invests state funds or for which state funds are managed or invested. (b) This subchapter applies in connection with the management or investment of state funds without regard to whether the funds are (c) This subchapter does not apply to the extent that an investment standard prescribed by the Texas Constitution prohibits the legislature from restricting the investment discretion of an entity responsible for the management or investment of a fund. Sec. 2278.052. PROHIBITION ON CERTAIN INVESTMENTS. A state governmental entity may not invest state funds in or purchase obligations of a domestic private entity that, at any time during the previous two years, created employment suitable for performance in the United States in a country other than the United States and, as a result, eliminated or failed to create similar employment in [Sections 2264.053-2264.100 reserved for expansion] SUBCHAPTER C. RESTRICTIONS ON ELIGIBILITY FOR TAX AND FEE BENEFITS Sec. 2278.101. DEFINITION. In this subchapter, "state agency" means a department, board, commission, or other agency in the executive branch of state government. The term does not include an institution of higher education as defined by Section 61.003, Sec. 2278.102. APPLICABILITY OF SUBCHAPTER. This subchapter does not apply to a credit, exemption, or discount for which the Texas Constitution specifically prescribes the Sec. 2278.103. INELIGIBILITY OF CERTAIN ENTITIES FOR TAX AND FEE BENEFITS. Notwithstanding other law, a domestic private entity is not eligible for a credit, exemption, or discount in relation to a tax or fee imposed by the state if the entity, at any time during the previous two years, created employment suitable for performance in the United States in a country other than the United States and, as a result, eliminated or failed to create similar employment in the United States. Sec. 2278.104. DENIAL OF BENEFITS. (a) A state agency responsible for the issuance of a credit, exemption, or discount in relation to a tax or fee imposed by the state shall adopt rules in accordance with Subchapter B, Chapter 2001, relating to the manner (1) the agency will determine whether to deny the benefit under Section 2264.103; and (2) a person may ask the agency to reconsider the (b) The rules adopted by a state agency shall require that as soon as practicable after making the decision to deny a credit, exemption, or discount to a domestic private entity that is ineligible for the benefit under Section 2264.103 but is otherwise eligible for the benefit, the state agency shall provide the domestic private entity with notice of and the factual basis for the denial and a description of the procedures available to request a reconsideration and to contest the factual or legal basis for the SECTION 2. Chapter 2278, Government Code, as added by this (1) an investment made by a state governmental entity on or (2) a credit, exemption, or discount provided or denied on or after September 1, 2026, in relation to a tax or fee imposed by SECTION 3. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to restrictions on the use of state funds to benefit
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