Texas 2023 - 88th Regular

Texas House Bill HB2389 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Shine H.B. No. 2389
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to employee-owned companies.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 301.004, Business Organizations Code, is
9	9	amended to read as follows:
10	10	Sec. 301.004. AUTHORIZED PERSON. For purposes of this
11	11	title, a person is an authorized person with respect to:
12	12	(1) a professional association if the person is a
13	13	professional individual; [and]
14	14	(2) a [professional corporation or a] professional
15	15	limited liability company if the person is a professional
16	16	individual or professional organization; and
17	17	(3) a professional corporation if the person is:
18	18	(A) a professional individual;
19	19	(B) a professional organization; or
20	20	(C) an employee stock ownership plan, as
21	21	described by Section 303.0015, established by the corporation.
22	22	SECTION 2. Chapter 303, Business Organizations Code, is
23	23	amended by adding Section 303.0015 to read as follows:
24	24	Sec. 303.0015. AUTHORIZED PERSON: EMPLOYEE STOCK OWNERSHIP
25	25	PLAN. For purposes of this chapter, an employee stock ownership
26	26	plan, as defined by Section 4975(e) of the Internal Revenue Code of
27	27	1986 (26 U.S.C. Section 4975(e)), established by a professional
28	28	corporation, is an authorized person if:
29	29	(1) all of the voting trustees of the plan are
30	30	professional individuals who are licensed to provide at least one
31	31	category of the professional services described in the
32	32	corporation's certificate of formation; and
33	33	(2) the ownership interests in the plan are not
34	34	directly issued to any person other than the plan trust or a
35	35	professional individual licensed to provide at least one category
36	36	of the professional services described in the corporation's
37	37	certificate of formation.
38	38	SECTION 3. Subchapter B, Chapter 481, Government Code, is
39	39	amended by adding Section 481.030 to read as follows:
40	40	Sec. 481.030. ESTABLISHMENT OF EMPLOYEE OWNERSHIP
41	41	ASSISTANCE WEBSITE. The office shall establish and maintain an
42	42	Internet website for employee-owned company information to serve as
43	43	a source of:
44	44	(1) outreach and information dissemination for
45	45	fostering increased awareness of employee stock ownership plans;
46	46	and
47	47	(2) technical assistance to assist businesses in
48	48	determining the feasibility of establishing an employee stock
49	49	ownership plan.
50	50	SECTION 4. Section 2155.074(b-1), Government Code, is
51	51	amended to read as follows:
52	52	(b-1) The comptroller or other state agency may, subject to
53	53	Subsection (c) and Section 2155.075, consider the following
54	54	relevant factors under Subsection (b), including:
55	55	(1) installation costs;
56	56	(2) life cycle costs;
57	57	(3) the quality and reliability of the goods and
58	58	services;
59	59	(4) the delivery terms;
60	60	(5) indicators of probable vendor performance under
61	61	the contract such as past vendor performance, the vendor's
62	62	financial resources and ability to perform, the vendor's experience
63	63	or demonstrated capability and responsibility, and the vendor's
64	64	ability to provide reliable maintenance agreements and support;
65	65	(6) the cost of any employee training associated with
66	66	a purchase;
67	67	(7) the effect of a purchase on agency productivity;
68	68	(8) the vendor's anticipated economic impact to the
69	69	state or a subdivision of the state, including potential tax
70	70	revenue and employment;
71	71	(9) the impact of a purchase on the agency's
72	72	administrative resources; [and]
73	73	(10) whether the vendor is an employee-owned company,
74	74	as defined by Section 271.909, Local Government Code, that is
75	75	incorporated or headquartered in this state; and
76	76	(11) other factors relevant to determining the best
77	77	value for the state in the context of a particular purchase.
78	78	SECTION 5. Subchapter Z, Chapter 271, Local Government
79	79	Code, is amended by adding Section 271.909 to read as follows:
80	80	Sec. 271.909. CONSIDERATION OF TEXAS EMPLOYEE-OWNED
81	81	COMPANIES. (a) In this section:
82	82	(1) "Employee-owned company" means a corporation for
83	83	which a majority of the stock is held by an employee stock ownership
84	84	plan, as defined by Section 4975(e) of the Internal Revenue Code of
85	85	1986 (26 U.S.C. Section 4975(e)).
86	86	(2) "Governmental entity" means a municipality,
87	87	county, or special district.
88	88	(b) A governmental entity may consider as a relevant factor
89	89	in scoring a vendor who is responding to a procurement solicitation
90	90	for goods or services whether the vendor is an employee-owned
91	91	company incorporated or headquartered in this state.
92	92	SECTION 6. This Act takes effect September 1, 2023.