82R12346 YDB-D
By: Guillen, Huberty, Cook, Alvarado, H.B. No. 888
Harless
Substitute the following for H.B. No. 888:
By: Huberty C.S.H.B. No. 888
A BILL TO BE ENTITLED
AN ACT
relating to historically underutilized businesses owned by
disabled veterans for purposes of state contracting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2161.001(2), Government Code, is amended
to read as follows:
(2) "Historically underutilized business" means an
entity with its principal place of business in this state that is:
(A) 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 are owned by one or
more persons who:
(i) are either:
(a) economically disadvantaged
persons; or
(b) veterans as defined by 38 U.S.C.
Section 101(2) who have a service-connected disability as defined
by 38 U.S.C. Section 101(16); and
(ii) [who] have a proportionate interest and
actively participate in the corporation's control, operation, and
management;
(B) a sole proprietorship created for the purpose
of making a profit that is completely owned, operated, and
controlled by an economically disadvantaged person or a veteran as
defined by 38 U.S.C. Section 101(2) who has a service-connected
disability as defined by 38 U.S.C. Section 101(16);
(C) a partnership formed for the purpose of
making a profit in which 51 percent or more of the assets and
interest in the partnership are owned by one or more persons who:
(i) are either:
(a) economically disadvantaged
persons; or
(b) veterans as defined by 38 U.S.C.
Section 101(2) who have a service-connected disability as defined
by 38 U.S.C. Section 101(16); and
(ii) [who] have a proportionate interest
and actively participate in the partnership's control, operation,
and management;
(D) a joint venture in which each entity in the
venture is a historically underutilized business, as determined
under another paragraph of this subdivision; or
(E) a supplier contract between a historically
underutilized business as determined under another paragraph of
this subdivision and a prime contractor under which the
historically underutilized business is directly involved in the
manufacture or distribution of the goods or otherwise warehouses
and ships the goods.
SECTION 2. This Act takes effect September 1, 2011.