87R9531 MWC-D
By: J. Johnson of Harris H.B. No. 2649
A BILL TO BE ENTITLED
AN ACT
relating to the women who are eligible for certification as owners
of a historically underutilized business.
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) minority 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
(B) has suffered the effects of discriminatory
practices or other similar insidious circumstances over which the
person has no control.
SECTION 2. Sections 2161.061(b), (d), and (e), Government
Code, are amended to read as follows:
(b) As one of its certification procedures, the comptroller
may:
(1) approve the certification program of one or more
local governments or nonprofit organizations in this state that
certify historically underutilized businesses, minority business
enterprises, minority women's business enterprises, or
disadvantaged business enterprises under substantially the same
definition, to the extent applicable, used by Section 2161.001, if
the local government or nonprofit organization meets or exceeds the
standards established by the comptroller; and
(2) certify a business that is certified by a local
government or by a nonprofit organization as a historically
underutilized business under this chapter.
(d) A local government or a nonprofit organization that
certifies historically underutilized businesses, minority business
enterprises, minority women's business enterprises, or
disadvantaged business enterprises as described in Subsections (b)
and (c) shall complete the certification of an applicant or provide
an applicant with written justification of its certification denial
within the period established by the comptroller in its rules for
certification activities.
(e) A local government or a nonprofit organization that
certifies historically underutilized businesses under Subsection
(c) or that conducts a certification program described by and
approved under Subsection (b) shall make available to the public an
online searchable database containing information about
historically underutilized businesses, minority business
enterprises, minority women's business enterprises, and
disadvantaged business enterprises certified by the local
government or nonprofit organization, including:
(1) the name of the business;
(2) the contact person or owner of the business;
(3) the address and telephone number of the business;
(4) the type or category of business, including
relevant capabilities of the business and the North American
Industry Classification System codes for the business; and
(5) the expiration date of the business's
certification.
SECTION 3. The change in law made by this Act applies only
to the certification of a business as a historically underutilized
business under Chapter 2161, Government Code, occurring on or after
the effective date of this Act. The certification of a business as a
historically underutilized business occurring before the effective
date of this Act is governed by the law in effect on the date of the
certification, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2021.