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