Bill Text: TX HB1565 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the consideration of ownership interests of certain persons with disabilities in determining whether a business is a historically underutilized business for purposes of state contracting.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-08 - Left pending in committee [HB1565 Detail]
Download: Texas-2019-HB1565-Introduced.html
By: Meza | H.B. No. 1565 |
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relating to the consideration of ownership interests of certain | ||
persons with disabilities in determining whether a business is a | ||
historically underutilized business for purposes of state | ||
contracting. | ||
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) women; | ||
(iv) Asian Pacific Americans; | ||
(v) Native Americans; [ |
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(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 | ||
(vii) persons with a disability as defined | ||
by 42 U.S.C. Section 12102; and | ||
(B) has suffered the effects of discriminatory | ||
practices or other similar insidious circumstances over which the | ||
person has no control. | ||
SECTION 2. Section 2161.002, Government Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) The comptroller shall adopt rules to provide goals for | ||
increasing the contract awards for the purchase of goods or | ||
services by the commission and other state agencies to businesses | ||
that qualify as historically underutilized businesses because the | ||
businesses are owned or owned, operated, and controlled, as | ||
applicable, wholly or partly by one or more persons with a | ||
disability as defined by 42 U.S.C. Section 12102. The goals | ||
established under this subsection are in addition to the goals | ||
established under Subsections (c) and (d), and the goals | ||
established under Subsections (c) and (d) may not be reduced as a | ||
result of the establishment of goals under this subsection. | ||
SECTION 3. Section 2161.061, Government Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) To be certified by the commission as a historically | ||
underutilized business, a business owned by one or more persons who | ||
qualify as economically disadvantaged solely based on being a | ||
person with a disability must submit to the commission an affidavit | ||
from the physician of each owner claiming a disability verifying | ||
that owner's disability. | ||
SECTION 4. Section 2161.125, Government Code, is amended to | ||
read as follows: | ||
Sec. 2161.125. CATEGORIZATION OF HISTORICALLY | ||
UNDERUTILIZED BUSINESSES. The comptroller, in cooperation with | ||
each state agency reporting under this subchapter, shall categorize | ||
each historically underutilized business included in a report under | ||
this subchapter by sex, race, and ethnicity and by whether the | ||
business qualifies as a historically underutilized business | ||
because it is owned or owned, operated, and controlled, as | ||
applicable, wholly or partly by one or more persons with a | ||
disability as defined by 42 U.S.C. | ||
Section 12102 or one or more | ||
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). | ||
SECTION 5. This Act takes effect September 1, 2019. |