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