State Contracts

HB 793 amends Texas’ 2017 anti-boycott law (HB 89) to exclude sole proprietors, companies with fewer than 10 employees, and contracts worth less than $100,000 from the prohibition on state contracts with companies that boycott Israel or persons or entities doing business in Israel or territories it occupies. A federal court blocked enforcement of HB 89 in April 2019, finding that the law would likely violate the First Amendment. These amendments, which are designed to remove the plaintiffs challenging the law from its reach, may reduce the number of individuals affected by the law, but fail to resolve the underlying constitutional issues.  

The amended law leaves in place the written certification requirement for state contractors as well as the creation of a blacklist of companies in which state retirement plans are prohibited from investing. Related Bill: SB 491.

This anti-boycott bill prohibits state contracts with and state investment in companies, including sole proprietorships, that boycott Israel or persons or entities doing business in Israel or territories occupied by Israel. The bill requires contractors to sign a written certification that they do not and will not engage in boycotts of Israel. The bill calls for the creation of a blacklist of companies that boycott Israel and prohibits public retirement systems from investing in such companies. 

A federal court blocked enforcement of the law in April 2019, finding the plaintiffs were likely to succeed in showing that the law violates their First Amendment rights and that the state’s continued enforcement of it would cause them irreparable harm. Texas amended the law (HB 793) so it no longer applied to individuals like the plaintiffs. The amendments altered the prohibitions related to state contracts, leaving in place those related to state investments. Related bills: SB 29, SB 134.

SB 491 amends Texas’ 2017 anti-boycott law (HB 89) to exclude sole proprietors, companies with fewer than 10 employees, and contracts worth less than $100,000 from the prohibition on state contracts with companies that boycott Israel or persons or entities doing business in Israel or territories it occupies. A federal court blocked enforcement of HB 89 in April 2019, finding that the law would likely violate the First Amendment. These amendments, which are designed to remove the plaintiffs challenging the law from its reach, may reduce the number of individuals affected by the law, but fail to resolve the underlying constitutional issues. Related Bill: HB 793 (passed).

This anti-boycott bill prohibits state contracts with and state investment in companies, including sole proprietorships, that boycott Israel or persons or entities doing business in Israel or territories occupied by Israel. The bill requires contractors to sign a written certification that they do not and will not engage in boycotts of Israel. The bill calls for the creation of a blacklist of companies that boycott Israel and prohibits public retirement systems from investing in such companies. Related bills: HB 89 (passed), SB 134.

This anti-boycott bill prohibits state contracts with and state investment in companies, including sole proprietorships, that boycott Israel or persons or entities doing business in Israel or territories occupied by Israel. The bill requires contractors to sign a written certification that they do not and will not engage in boycotts of Israel. The bill calls for the creation of a blacklist of companies that boycott Israel and prohibits public retirement systems from investing in such companies. Related bills: HB 89 (passed), SB 29.

This anti-boycott bill prohibits state contracts with and state investment in companies, including sole proprietorships, that boycott Israel or persons or entities doing business in Israel or territories occupied by Israel. The bill requires contractors to sign a written certification that they do not and will not engage in boycotts of Israel. The bill calls for the creation of a blacklist of companies that boycott Israel and prohibits public retirement systems from investing in such companies. Related bill: HB 2142.

This anti-boycott bill prohibits state contracts with and state investment in companies, including sole proprietorships, that boycott Israel or persons or entities doing business in Israel or territories occupied by Israel. The bill requires contractors to sign a written certification that they do not and will not engage in boycotts of Israel. The bill calls for the creation of a blacklist of companies that boycott Israel and prohibits public retirement systems from investing in such companies. Related Bill: SB 1727.

This anti-boycott executive order prohibits contracts with executive branch agencies unless contractors provide written certification that they have not engaged in boycotts of Israel related to the subject matter of the contract. Contractors that engage in such boycotts during the contract term may risk having their contracts terminated. The order provides an exception for companies with less than five employees and contracts under $100,000. 

This anti-boycott bill prohibits state contracts with businesses unless they provide a written certification that they are not and will not engage in a boycott of “a person or an entity based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade.” The bill provides exceptions for bids at least 20% less than other bids and excludes contracts worth less than $10,000. Because H3583 excludes boycotts based on the specific conduct of a targeted entity and those applied in a nondiscriminatory manner, boycotts for justice fall outside its scope. 

This anti-boycott bill prohibits state contracts with businesses engaged in discriminatory boycotts based on “race, color, religion, gender, or nationality of the targeted person, firm, entity or public entity of a foreign state.” 

This anti-boycott bill prohibits state contracts with businesses unless they provide a written certification that they are not and will not engage in a boycott of persons or entities based in or doing business with or agencies of “a jurisdiction with whom the state can enjoy open trade.” The bill provides exceptions for bids at least 20% less than other bids and excludes contracts worth less than $10,000. Because H7736 defines boycotts as those “based on race, color, religion, gender, or nationality” of the targeted entity, boycotts for justice fall outside its scope.