Bill Text: TX SB1738 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to historically underutilized businesses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-23 - Referred to Business & Commerce [SB1738 Detail]
Download: Texas-2017-SB1738-Introduced.html
85R12062 YDB-D | ||
By: Miles | S.B. No. 1738 |
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relating to historically underutilized businesses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2161.065(a), Government Code, is amended | ||
to read as follows: | ||
(a) The commission shall design a mentor-protege program to | ||
foster long-term relationships between prime contractors and | ||
historically underutilized businesses and to increase the ability | ||
of historically underutilized businesses to contract with the state | ||
or to receive subcontracts under a state contract. Each state | ||
agency with a biennial appropriation that exceeds $5 [ |
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shall implement the program designed by the commission. | ||
SECTION 2. Sections 2161.123(d) and (f), Government Code, | ||
are amended to read as follows: | ||
(d) The comptroller [ |
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shall cooperate to develop procedures providing for random periodic | ||
monitoring of state agency compliance with this section. The state | ||
auditor shall report to the comptroller [ |
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that is not complying with this section. In determining whether a | ||
state agency is making a good faith effort to comply, the state | ||
auditor shall consider whether the agency: | ||
(1) has adopted rules under Section 2161.003; | ||
(2) has used the comptroller's [ |
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directory under Section 2161.064 and other resources to identify | ||
historically underutilized businesses that are able and available | ||
to contract with the agency; | ||
(3) made good faith, timely efforts to contact | ||
identified historically underutilized businesses regarding | ||
contracting opportunities; | ||
(4) conducted its procurement program in accordance | ||
with the good faith effort methodology set out in comptroller | ||
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(5) established goals for contracting with | ||
historically underutilized businesses in each procurement category | ||
based on: | ||
(A) scheduled fiscal year expenditures; [ |
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(B) the availability of historically | ||
underutilized businesses in each category as determined by rules | ||
adopted under Section 2161.002; and | ||
(C) an accurate representation of the number of | ||
historically underutilized businesses in each category. | ||
(f) If the state auditor reports to the comptroller | ||
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section, the comptroller [ |
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complying with this section and shall prepare for inclusion with | ||
the agency's strategic plan a written plan for increasing the | ||
agency's use of historically underutilized businesses. | ||
SECTION 3. Section 2161.251(a), Government Code, is amended | ||
to read as follows: | ||
(a) This subchapter applies to all contracts entered into by | ||
a state agency with an expected value of $50,000 [ |
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including: | ||
(1) contracts for the acquisition of a good or | ||
service; and | ||
(2) contracts for or related to the construction of a | ||
public building, road, or other public work. | ||
SECTION 4. Section 2161.252(a), Government Code, is amended | ||
to read as follows: | ||
(a) Each state agency that considers entering into a | ||
contract with an expected value of $50,000 [ |
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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. | ||
SECTION 5. The changes in law made by this Act apply only to | ||
a contract for goods or services that is entered into on or after | ||
the effective date of this Act. A contract entered into before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the contract was entered into, and the former law is continued | ||
in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2017. |