81R28284 MCK-F
By: Lucio III, Rodriguez, Anchia, Ortiz, Jr. H.B. No. 970
Substitute the following for H.B. No. 970:
By: Solomons C.S.H.B. No. 970
A BILL TO BE ENTITLED
AN ACT
relating to considering ownership interests of disabled persons in
determining whether a business is a historically underutilized
business for purposes of state contracting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2161.001(3), Government Code, is amended
to read as follows:
(3) "Economically disadvantaged person" means a
person who is economically disadvantaged because of the person's
identification as a member of a certain group, including Black
Americans, Hispanic Americans, women, Asian Pacific Americans,
[and] Native Americans, and persons with a disability as defined by
42 U.S.C. Section 12102, and who has suffered the effects of
discriminatory practices or other similar insidious circumstances
over which the person has no control.
SECTION 2. Section 2161.0012, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) The comptroller shall adopt rules relating to the
requirements for disabled persons to qualify as economically
disadvantaged persons under this chapter.
SECTION 3. Section 2161.061, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) The comptroller may not certify a business as a
historically underutilized business on the basis of the business
being owned by one or more economically disadvantaged persons who
qualify as economically disadvantaged solely based on disability
unless the business submits to the comptroller, for each owner of
the business claiming to be an economically disadvantaged person on
the basis of disability, an affidavit from the business owner's
physician verifying the person's disability.
SECTION 4. Section 2161.125, Government Code, is amended to
read as follows:
Sec. 2161.125. CATEGORIZATION OF HISTORICALLY
UNDERUTILIZED BUSINESSES [BY SEX, RACE, AND ETHNICITY]. The
comptroller, in cooperation with each state agency reporting under
this subchapter, shall categorize each historically underutilized
business included in a report under this subchapter by sex, race,
[and] ethnicity, and disability.
SECTION 5. This Act takes effect September 1, 2009.