Section 2404.7 – Improper action against a public officer or employee involved in the procurement process.

• (1)
  • (a) It is unlawful for a person knowingly to threaten to make a false allegation against a public officer or employee, or knowingly to threaten to take a menacing or intimidating action against a public officer or employee, with the intent to:
    • (i) prevent the officer or employee from performing a duty or responsibility that the officer or employee has under this chapter;
    • (ii) influence the officer or employee to award a contract under this chapter to the person or take other action under this chapter in favor of the person; or
    • (iii) retaliate against the officer or employee for:
      • (A) not awarding a contract under this chapter to the person;
      • (B) issuing a decision or taking an action under this chapter that is adverse to the person; or
      • (C) performing a duty or responsibility the officer or employee has under this chapter.
  • (b) A violation of Subsection (1)(a) is a class A misdemeanor.

• (2)
  • (a) It is unlawful for a person knowingly to make a false allegation against a public officer or employee, or knowingly to take a menacing or intimidating action against a public officer or employee, with the intent to:
    • (i) prevent the officer or employee from performing a duty or responsibility that the officer or employee has under this chapter;
    • (ii) influence the officer or employee to award a contract under this chapter to the person or take other action under this chapter in favor of the person; or
    • (iii) retaliate against the officer or employee for:
      • (A) not awarding a contract under this chapter to the person;
      • (B) issuing a decision or taking an action under this chapter that is adverse to the person; or
      • (C) performing a duty or responsibility the officer or employee has under this chapter.
  • (b) A violation of Subsection (2)(a) is a third degree felony.

Enacted by Chapter 348, 2017 General Session