86R12424 AAF-D
By: Hernandez, Springer H.B. No. 3362
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of ownership interests of certain
persons with a disability in determining whether a business is a
historically underutilized business for purposes of state
contracting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2161.001(3), Government Code, is amended
to read as follows:
(3) "Economically disadvantaged person" means a
person who:
(A) is economically disadvantaged because of the
person's identification as a member of a certain group, including:
(i) Black Americans;
(ii) Hispanic Americans;
(iii) women;
(iv) Asian Pacific Americans;
(v) Native Americans; [and]
(vi) veterans as defined by 38 U.S.C.
Section 101(2) who have suffered at least a 20 percent
service-connected disability as defined by 38 U.S.C. Section
101(16); and
(vii) persons with a disability as defined
by 42 U.S.C. Section 12102; and
(B) has suffered the effects of discriminatory
practices or other similar insidious circumstances over which the
person has no control.
SECTION 2. Section 2161.002, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) The comptroller shall adopt rules to provide goals for
increasing the contract awards for the purchase of goods or
services by the comptroller and other state agencies to businesses
that qualify as historically underutilized businesses because the
businesses are at least 51 percent owned or owned, operated, and
controlled, as required by Section 2161.001(2), by one or more
persons with a disability as defined by 42 U.S.C. Section 12102.
The goals established under this subsection are in addition to the
goals established under Subsections (c) and (d), and the goals
established under Subsections (c) and (d) may not be reduced as a
result of the establishment of goals under this subsection.
SECTION 3. Section 2161.061, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) To be certified by the comptroller as a historically
underutilized business, a business owned by one or more persons who
qualify as economically disadvantaged solely based on being a
person with a disability as defined by 42 U.S.C. Section 12102 must
submit to the comptroller an affidavit from a physician licensed to
practice medicine in this state for each owner claiming a
disability verifying that owner's disability.
SECTION 4. Section 2161.125, Government Code, is amended to
read as follows:
Sec. 2161.125. CATEGORIZATION OF HISTORICALLY
UNDERUTILIZED BUSINESSES. The comptroller, in cooperation with
each state agency reporting under this subchapter, shall categorize
each historically underutilized business included in a report under
this subchapter by sex, race, and ethnicity and by whether the
business qualifies as a historically underutilized business
because it is owned or owned, operated, and controlled, as
applicable, wholly or partly by one or more persons with a
disability as defined by 42 U.S.C. Section 12102 or one or more
veterans as defined by 38 U.S.C. Section 101(2) who have suffered at
least a 20 percent service-connected disability as defined by 38
U.S.C. Section 101(16).
SECTION 5. This Act takes effect September 1, 2019.