| 1 | 1 | | 2009S0609-1 03/09/09 |
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| 2 | 2 | | By: Gallegos S.B. No. 2271 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of historically underutilized businesses by |
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| 8 | 8 | | utilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 12.251, Utilities Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 12.251. DEFINITION. In this subchapter, "historically |
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| 13 | 13 | | underutilized business" means an entity with its principal place of |
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| 14 | 14 | | business in this state that is: |
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| 15 | 15 | | (1) a corporation formed for the purpose of making a |
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| 16 | 16 | | profit in which 51 percent or more of all classes of the shares of |
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| 17 | 17 | | stock or other equitable securities is owned by one or more |
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| 18 | 18 | | economically disadvantaged persons who have a proportionate |
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| 19 | 19 | | interest and actively participate in the corporation's control, |
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| 20 | 20 | | operation, and management; |
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| 21 | 21 | | (2) a sole proprietorship created for the purpose of |
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| 22 | 22 | | making a profit that is completely owned, operated, and controlled |
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| 23 | 23 | | by an economically disadvantaged person; |
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| 24 | 24 | | (3) a partnership formed for the purpose of making a |
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| 25 | 25 | | profit in which 51 percent or more of the assets and interest in the |
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| 26 | 26 | | partnership is owned by one or more economically disadvantaged |
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| 27 | 27 | | persons who have a proportionate interest and actively participate |
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| 28 | 28 | | in the partnership's control, operation, and management; |
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| 29 | 29 | | (4) a joint venture in which each entity in the venture |
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| 30 | 30 | | is a historically underutilized business, as described by another |
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| 31 | 31 | | subdivision of this section; or |
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| 32 | 32 | | (5) a supplier contract between a historically |
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| 33 | 33 | | underutilized business as described by another subdivision of this |
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| 34 | 34 | | section and a prime contractor, under which contract the |
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| 35 | 35 | | historically underutilized business is directly involved in the |
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| 36 | 36 | | manufacture or distribution of the goods or otherwise warehouses |
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| 37 | 37 | | and ships the goods [has the meaning assigned by Section 481.101, |
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| 38 | 38 | | Government Code]. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2009. |
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