| 1 | 1 | | 87R9531 MWC-D |
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| 2 | 2 | | By: J. Johnson of Harris H.B. No. 2649 |
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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 women who are eligible for certification as owners |
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| 8 | 8 | | of a historically underutilized business. |
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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 2161.001(3), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (3) "Economically disadvantaged person" means a |
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| 13 | 13 | | person who: |
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| 14 | 14 | | (A) is economically disadvantaged because of the |
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| 15 | 15 | | person's identification as a member of a certain group, including: |
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| 16 | 16 | | (i) Black Americans; |
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| 17 | 17 | | (ii) Hispanic Americans; |
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| 18 | 18 | | (iii) minority women; |
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| 19 | 19 | | (iv) Asian Pacific Americans; |
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| 20 | 20 | | (v) Native Americans; and |
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| 21 | 21 | | (vi) veterans as defined by 38 U.S.C. |
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| 22 | 22 | | Section 101(2) who have suffered at least a 20 percent |
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| 23 | 23 | | service-connected disability as defined by 38 U.S.C. Section |
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| 24 | 24 | | 101(16); and |
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| 25 | 25 | | (B) has suffered the effects of discriminatory |
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| 26 | 26 | | practices or other similar insidious circumstances over which the |
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| 27 | 27 | | person has no control. |
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| 28 | 28 | | SECTION 2. Sections 2161.061(b), (d), and (e), Government |
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| 29 | 29 | | Code, are amended to read as follows: |
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| 30 | 30 | | (b) As one of its certification procedures, the comptroller |
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| 31 | 31 | | may: |
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| 32 | 32 | | (1) approve the certification program of one or more |
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| 33 | 33 | | local governments or nonprofit organizations in this state that |
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| 34 | 34 | | certify historically underutilized businesses, minority business |
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| 35 | 35 | | enterprises, minority women's business enterprises, or |
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| 36 | 36 | | disadvantaged business enterprises under substantially the same |
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| 37 | 37 | | definition, to the extent applicable, used by Section 2161.001, if |
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| 38 | 38 | | the local government or nonprofit organization meets or exceeds the |
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| 39 | 39 | | standards established by the comptroller; and |
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| 40 | 40 | | (2) certify a business that is certified by a local |
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| 41 | 41 | | government or by a nonprofit organization as a historically |
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| 42 | 42 | | underutilized business under this chapter. |
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| 43 | 43 | | (d) A local government or a nonprofit organization that |
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| 44 | 44 | | certifies historically underutilized businesses, minority business |
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| 45 | 45 | | enterprises, minority women's business enterprises, or |
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| 46 | 46 | | disadvantaged business enterprises as described in Subsections (b) |
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| 47 | 47 | | and (c) shall complete the certification of an applicant or provide |
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| 48 | 48 | | an applicant with written justification of its certification denial |
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| 49 | 49 | | within the period established by the comptroller in its rules for |
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| 50 | 50 | | certification activities. |
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| 51 | 51 | | (e) A local government or a nonprofit organization that |
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| 52 | 52 | | certifies historically underutilized businesses under Subsection |
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| 53 | 53 | | (c) or that conducts a certification program described by and |
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| 54 | 54 | | approved under Subsection (b) shall make available to the public an |
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| 55 | 55 | | online searchable database containing information about |
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| 56 | 56 | | historically underutilized businesses, minority business |
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| 57 | 57 | | enterprises, minority women's business enterprises, and |
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| 58 | 58 | | disadvantaged business enterprises certified by the local |
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| 59 | 59 | | government or nonprofit organization, including: |
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| 60 | 60 | | (1) the name of the business; |
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| 61 | 61 | | (2) the contact person or owner of the business; |
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| 62 | 62 | | (3) the address and telephone number of the business; |
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| 63 | 63 | | (4) the type or category of business, including |
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| 64 | 64 | | relevant capabilities of the business and the North American |
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| 65 | 65 | | Industry Classification System codes for the business; and |
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| 66 | 66 | | (5) the expiration date of the business's |
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| 67 | 67 | | certification. |
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| 68 | 68 | | SECTION 3. The change in law made by this Act applies only |
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| 69 | 69 | | to the certification of a business as a historically underutilized |
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| 70 | 70 | | business under Chapter 2161, Government Code, occurring on or after |
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| 71 | 71 | | the effective date of this Act. The certification of a business as a |
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| 72 | 72 | | historically underutilized business occurring before the effective |
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| 73 | 73 | | date of this Act is governed by the law in effect on the date of the |
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| 74 | 74 | | certification, and the former law is continued in effect for that |
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| 75 | 75 | | purpose. |
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| 76 | 76 | | SECTION 4. This Act takes effect September 1, 2021. |
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