| 1 | 1 | | 81R28284 MCK-F |
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| 2 | 2 | | By: Lucio III, Rodriguez, Anchia, Ortiz, Jr. H.B. No. 970 |
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| 3 | 3 | | Substitute the following for H.B. No. 970: |
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| 4 | 4 | | By: Solomons C.S.H.B. No. 970 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to considering ownership interests of disabled persons in |
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| 10 | 10 | | determining whether a business is a historically underutilized |
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| 11 | 11 | | business for purposes of state contracting. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 2161.001(3), Government Code, is amended |
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| 14 | 14 | | to read as follows: |
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| 15 | 15 | | (3) "Economically disadvantaged person" means a |
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| 16 | 16 | | person who is economically disadvantaged because of the person's |
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| 17 | 17 | | identification as a member of a certain group, including Black |
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| 18 | 18 | | Americans, Hispanic Americans, women, Asian Pacific Americans, |
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| 19 | 19 | | [and] Native Americans, and persons with a disability as defined by |
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| 20 | 20 | | 42 U.S.C. Section 12102, and who has suffered the effects of |
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| 21 | 21 | | discriminatory practices or other similar insidious circumstances |
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| 22 | 22 | | over which the person has no control. |
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| 23 | 23 | | SECTION 2. Section 2161.0012, Government Code, is amended |
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| 24 | 24 | | by adding Subsection (c) to read as follows: |
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| 25 | 25 | | (c) The comptroller shall adopt rules relating to the |
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| 26 | 26 | | requirements for disabled persons to qualify as economically |
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| 27 | 27 | | disadvantaged persons under this chapter. |
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| 28 | 28 | | SECTION 3. Section 2161.061, Government Code, is amended by |
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| 29 | 29 | | adding Subsection (f) to read as follows: |
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| 30 | 30 | | (f) The comptroller may not certify a business as a |
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| 31 | 31 | | historically underutilized business on the basis of the business |
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| 32 | 32 | | being owned by one or more economically disadvantaged persons who |
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| 33 | 33 | | qualify as economically disadvantaged solely based on disability |
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| 34 | 34 | | unless the business submits to the comptroller, for each owner of |
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| 35 | 35 | | the business claiming to be an economically disadvantaged person on |
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| 36 | 36 | | the basis of disability, an affidavit from the business owner's |
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| 37 | 37 | | physician verifying the person's disability. |
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| 38 | 38 | | SECTION 4. Section 2161.125, Government Code, is amended to |
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| 39 | 39 | | read as follows: |
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| 40 | 40 | | Sec. 2161.125. CATEGORIZATION OF HISTORICALLY |
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| 41 | 41 | | UNDERUTILIZED BUSINESSES [BY SEX, RACE, AND ETHNICITY]. The |
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| 42 | 42 | | comptroller, in cooperation with each state agency reporting under |
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| 43 | 43 | | this subchapter, shall categorize each historically underutilized |
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| 44 | 44 | | business included in a report under this subchapter by sex, race, |
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| 45 | 45 | | [and] ethnicity, and disability. |
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| 46 | 46 | | SECTION 5. This Act takes effect September 1, 2009. |
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