| 1 | 1 | | By: Davis H.B. No. 5273 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the certification of a historically underutilized |
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| 7 | 7 | | business. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 2161.252, Government Code, is amended as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | Sec. 2161.252. AGENCY DETERMINATION REGARDING |
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| 12 | 12 | | SUBCONTRACTING OPPORTUNITIES; BUSINESS SUBCONTRACTING PLAN. (a) |
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| 13 | 13 | | Each state agency that considers entering into a contract with an |
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| 14 | 14 | | expected value of $100,000 or more shall, before the agency |
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| 15 | 15 | | solicits bids, proposals, offers, or other applicable expressions |
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| 16 | 16 | | of interest for the contract, determine whether there will be |
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| 17 | 17 | | subcontracting opportunities under the contract. If the state |
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| 18 | 18 | | agency determines that there is that probability, the agency shall |
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| 19 | 19 | | require that each bid, proposal, offer, or other applicable |
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| 20 | 20 | | expression of interest for the contract include a historically |
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| 21 | 21 | | underutilized business subcontracting plan. |
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| 22 | 22 | | (b) The goal of each state agency historically |
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| 23 | 23 | | underutilized business subcontracting plan must reflect at least |
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| 24 | 24 | | the percentage of the ethnic population of the state. |
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| 25 | 25 | | (c) [(b)] When a state agency requires a historically |
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| 26 | 26 | | underutilized business subcontracting plan under Subsection (a), a |
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| 27 | 27 | | bid, proposal, offer, or other applicable expression of interest |
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| 28 | 28 | | for the contract must contain a plan to be considered responsive. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2023. |
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