Texas 2015 - 84th Regular

Texas House Bill HB3010 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R10250 AAF-D
2	2	By: Simmons, Parker, Harless H.B. No. 3010
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the consideration of ownership interests of certain
8	8	persons with disabilities in determining whether a business is a
9	9	historically underutilized business for purposes of state
10	10	contracting.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 2161.001(3), Government Code, is amended
13	13	to read as follows:
14	14	(3) "Economically disadvantaged person" means a
15	15	person who:
16	16	(A) is economically disadvantaged because of the
17	17	person's identification as a member of a certain group, including:
18	18	(i) Black Americans;
19	19	(ii) Hispanic Americans;
20	20	(iii) women;
21	21	(iv) Asian Pacific Americans;
22	22	(v) Native Americans; [and]
23	23	(vi) veterans as defined by 38 U.S.C.
24	24	Section 101(2) who have suffered at least a 20 percent
25	25	service-connected disability as defined by 38 U.S.C. Section
26	26	101(16); and
27	27	(vii) persons with a disability as defined
28	28	by 42 U.S.C. Section 12102; and
29	29	(B) has suffered the effects of discriminatory
30	30	practices or other similar insidious circumstances over which the
31	31	person has no control.
32	32	SECTION 2. Section 2161.002, Government Code, is amended by
33	33	adding Subsection (e) to read as follows:
34	34	(e) The comptroller shall adopt rules to provide goals for
35	35	increasing the contract awards for the purchase of goods or
36	36	services by the commission and other state agencies to businesses
37	37	that qualify as historically underutilized businesses because the
38	38	businesses are owned or owned, operated, and controlled, as
39	39	applicable, wholly or partly by one or more persons with a
40	40	disability as defined by 42 U.S.C. Section 12102. The goals
41	41	established under this subsection are in addition to the goals
42	42	established under Subsections (c) and (d), and the goals
43	43	established under Subsections (c) and (d) may not be reduced as a
44	44	result of the establishment of goals under this subsection.
45	45	SECTION 3. Section 2161.061, Government Code, is amended by
46	46	adding Subsection (f) to read as follows:
47	47	(f) To be certified by the commission as a historically
48	48	underutilized business, a business owned by one or more persons who
49	49	qualify as economically disadvantaged solely based on being a
50	50	person with a disability must submit to the commission an affidavit
51	51	from the physician of each owner claiming a disability verifying
52	52	that owner's disability.
53	53	SECTION 4. Section 2161.125, Government Code, is amended to
54	54	read as follows:
55	55	Sec. 2161.125. CATEGORIZATION OF HISTORICALLY
56	56	UNDERUTILIZED BUSINESSES. The comptroller, in cooperation with
57	57	each state agency reporting under this subchapter, shall categorize
58	58	each historically underutilized business included in a report under
59	59	this subchapter by sex, race, and ethnicity and by whether the
60	60	business qualifies as a historically underutilized business
61	61	because it is owned or owned, operated, and controlled, as
62	62	applicable, wholly or partly by one or more persons with a
63	63	disability as defined by 42 U.S.C. Section 12102 or one or more
64	64	veterans as defined by 38 U.S.C. Section 101(2) who have suffered at
65	65	least a 20 percent service-connected disability as defined by 38
66	66	U.S.C. Section 101(16).
67	67	SECTION 5. This Act takes effect September 1, 2015.