34.212. 1. The state, any agency of the state, or anyinstrumentality thereof shall not issue grants or enter into cooperativeagreements for construction projects, a condition of which requires thatbid specifications, project agreements, or other controlling documentspertaining to the grant or cooperative agreement contain any of theelements specified in section 34.209.
2. The state, any agency of the state, or any instrumentality thereofshall exercise such authority as may be required to preclude a grantrecipient or party to a cooperative agreement from imposing any of theelements specified in section 34.209 in connection with any grant orcooperative agreement awarded or entered into. Nothing in sections 34.203to 34.216 shall prohibit contractors or subcontractors from voluntarilyentering into agreements described in section 34.209.
(L. 2007 S.B. 339)