1-1  By:  Van de Putte, et al. (Senate Sponsor - Lucio)    H.B. No. 1886
    1-2        (In the Senate - Received from the House May 12, 1993;
    1-3  May 13, 1993, read first time and referred to Committee on State
    1-4  Affairs; May 24, 1993, reported favorably by the following vote:
    1-5  Yeas 11, Nays 1; May 24, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas   x                               
    1-9        Rosson             x                               
   1-10        Carriker           x                               
   1-11        Henderson          x                               
   1-12        Leedom             x                               
   1-13        Lucio              x                               
   1-14        Luna               x                               
   1-15        Nelson             x                               
   1-16        Patterson          x                               
   1-17        Shelley            x                               
   1-18        Sibley                     x                       
   1-19        West               x                               
   1-20        Whitmire                                      x    
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the participation of certain woman-owned,
   1-24  minority-owned, and in-state businesses in the issuance of bonds.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  DEFINITIONS.  In this Act:
   1-27              (1)  "Bond" means any bond, note, certificate of
   1-28  obligation, certificate of participation, including other
   1-29  instruments evidencing a proportionate interest in payments due to
   1-30  be paid by an issuer, or other obligation that is issued or
   1-31  incurred by an issuer in the exercise in whole or in part of its
   1-32  borrowing power, regardless of whether it is subject to annual
   1-33  appropriation, and is represented by an instrument issued in bearer
   1-34  or registered form or not represented by an instrument but the
   1-35  transfer of which is registered on books maintained for the purpose
   1-36  by or on behalf of the issuer.
   1-37              (2)  "Issuance" means the initial delivery by the
   1-38  issuer of evidence of the obligation of the bond to the initial
   1-39  purchaser in exchange for the purchase price of the bond.
   1-40              (3)  "Issuer" means any department, board, authority,
   1-41  agency, subdivision, municipal corporation, district, public
   1-42  corporation, political subdivision, body politic, or
   1-43  instrumentality of this state of every kind or type and any
   1-44  nonprofit corporation acting for or on behalf of any of those
   1-45  entities.
   1-46              (4)  "Minority group member" includes an individual
   1-47  identified as:
   1-48                    (A)  African American;
   1-49                    (B)  Native American;
   1-50                    (C)  Asian American; or
   1-51                    (D)  Mexican American or other American of
   1-52  Hispanic origin.
   1-53              (5)  "Minority-owned business" means a business entity
   1-54  in which at least 51 percent of the ownership interests in the
   1-55  entity are held by one or more minority group members, including a
   1-56  corporation in which at least 51 percent of the shares are owned by
   1-57  one or more minority group members, and that is managed, operated,
   1-58  and controlled by one or more minority group members.
   1-59              (6)  "Woman-owned business" means a business entity in
   1-60  which at least 51 percent of the ownership interests in the entity
   1-61  are held by one or more women, including a corporation in which at
   1-62  least 51 percent of the shares are owned by one or more women, and
   1-63  that is managed, operated, and controlled by one or more women.
   1-64        SECTION 2.  PARTICIPATION BY WOMAN-OWNED AND MINORITY-OWNED
   1-65  BUSINESSES IN BOND ISSUANCES.  An issuer shall make a good faith
   1-66  effort to include woman-owned and minority-owned businesses as
   1-67  businesses receiving:
   1-68              (1)  contracts for the purchase of services and
    2-1  supplies used in connection with the issuance of at least 20
    2-2  percent of the total dollar value of bonds issued by the issuer
    2-3  each fiscal year; and
    2-4              (2)  at least 20 percent of the total compensation paid
    2-5  by the issuer each fiscal year in connection with the issuance of
    2-6  bonds.
    2-7        SECTION 3.  REPORT TO GOVERNOR AND LEGISLATURE.  Each issuer
    2-8  shall submit a report to the governor and the legislature at the
    2-9  end of each fiscal year that includes:
   2-10              (1)  the name of each woman-owned and minority-owned
   2-11  business participating in any issuance that fiscal year;
   2-12              (2)  the number of woman-owned and minority-owned
   2-13  businesses submitting bids or proposals in connection with an
   2-14  issuance that fiscal year; and
   2-15              (3)  the amount of bonds issued during that fiscal year
   2-16  and the estimated amount of compensation received for participation
   2-17  in the issuance by each woman-owned and minority-owned business.
   2-18        SECTION 4.  PREFERENCE FOR BUSINESS LOCATED IN STATE.  An
   2-19  issuer shall give a preference to a business that maintains an
   2-20  office located in this state that is dedicated to conducting public
   2-21  finance undertakings if the cost and quality of services being
   2-22  offered or bid by the business in connection with the issuance of
   2-23  bonds are equal to the cost and quality of services being offered
   2-24  or bid by a business that does not maintain an office in this state
   2-25  dedicated to conducting public finance undertakings.
   2-26        SECTION 5.  EMERGENCY.  The importance of this legislation
   2-27  and the crowded condition of the calendars in both houses create an
   2-28  emergency and an imperative public necessity that the
   2-29  constitutional rule requiring bills to be read on three several
   2-30  days in each house be suspended, and this rule is hereby suspended,
   2-31  and that this Act take effect and be in force from and after its
   2-32  passage, and it is so enacted.
   2-33                               * * * * *
   2-34                                                         Austin,
   2-35  Texas
   2-36                                                         May 24, 1993
   2-37  Hon. Bob Bullock
   2-38  President of the Senate
   2-39  Sir:
   2-40  We, your Committee on State Affairs to which was referred H.B.
   2-41  No. 1886, have had the same under consideration, and I am
   2-42  instructed to report it back to the Senate with the recommendation
   2-43  that it do pass and be printed.
   2-44                                                         Harris of
   2-45  Dallas, Chairman
   2-46                               * * * * *
   2-47                               WITNESSES
   2-48                                                  FOR   AGAINST  ON
   2-49  ___________________________________________________________________
   2-50  Name:  Lena Guerrero                             x
   2-51  Representing:  Southwestern Capital Markets
   2-52  City:  San Antonio
   2-53  -------------------------------------------------------------------