Bill Text: TX HB93 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to entities that qualify as historically underutilized businesses.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2013-02-05 - Referred to State Affairs [HB93 Detail]

Download: Texas-2013-HB93-Introduced.html

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83R1242 PAM-D
By: White H.B. No. 93

A BILL TO BE ENTITLED
AN ACT
relating to entities that qualify as historically underutilized
businesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2161.001(2), Government Code, is amended
to read as follows:
(2) "Historically underutilized business" means an
entity:
(A) with its principal place of business in this
state that is:
(i) [(A)] a corporation formed for the
purpose of making a profit in which 51 percent or more of all
classes of the shares of stock or other equitable securities are
owned by one or more economically disadvantaged persons who have a
proportionate interest and actively participate in the
corporation's control, operation, and management;
(ii) [(B)] a sole proprietorship created
for the purpose of making a profit that is completely owned,
operated, and controlled by an economically disadvantaged person;
(iii) [(C)] a partnership formed for the
purpose of making a profit in which 51 percent or more of the assets
and interest in the partnership are owned by one or more
economically disadvantaged persons who have a proportionate
interest and actively participate in the partnership's control,
operation, and management;
(iv) [(D)] a joint venture in which each
entity in the venture is a historically underutilized business, as
determined under another subparagraph [paragraph] of this
paragraph [subdivision]; or
(v) [(E)] a supplier contract between a
historically underutilized business as determined under another
subparagraph [paragraph] of this paragraph [subdivision] and a
prime contractor under which the historically underutilized
business is directly involved in the manufacture or distribution of
the goods or otherwise warehouses and ships the goods; or
(B) with one or more places of business each
located in the unincorporated area of a county with a population of
60,000 or less.
SECTION 2. Section 2161.0015, Government Code, is amended
to read as follows:
Sec. 2161.0015. DETERMINING SIZE STANDARDS FOR
HISTORICALLY UNDERUTILIZED BUSINESSES. The comptroller
[commission] may establish size standards that a business may not
exceed if it is to be considered a historically underutilized
business under this chapter. In determining the size standards,
the comptroller [commission] shall determine the size at which:
(1) a business described by Section 2161.001(2)(A)
should be considered sufficiently large that the business probably
does not significantly suffer from the effects of past
discriminatory practices; or
(2) a business described by Section 2161.001(2)(B)
should be considered sufficiently large that the business probably
does not significantly suffer from the effects of geographic
location.
SECTION 3. Section 2161.125, Government Code, is amended to
read as follows:
Sec. 2161.125. CATEGORIZATION BY SEX, RACE, [AND]
ETHNICITY, AND GEOGRAPHIC LOCATION. 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
geographic location.
SECTION 4. This Act takes effect September 1, 2013.