By:  Dutton                                           H.B. No. 2075
       73R6572 CAE-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to procurement of goods and services for the state from
    1-3  certain small or disadvantaged businesses.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1.03, State Purchasing and General
    1-6  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
    1-7  amended by amending Subsections (a)-(c) and by adding Subsections
    1-8  (e)-(h) to read as follows:
    1-9        (a)  The commission <Office of Small Business Assistance of
   1-10  the Texas Department of Commerce> shall certify businesses that are
   1-11  disadvantaged businesses.  As part of its certification procedures,
   1-12  the commission <office> may approve a municipal program that
   1-13  certifies disadvantaged businesses under substantially the same
   1-14  definition prescribed by Section 1.02(3) of this Act and may
   1-15  certify businesses certified by the municipality as disadvantaged
   1-16  businesses under this Act.
   1-17        (b)  The commission <office> shall compile a directory of
   1-18  businesses certified as disadvantaged businesses under Subsection
   1-19  (a) of this section.  The commission <office> shall update the
   1-20  directory at least semiannually and provide a copy of the directory
   1-21  to <the commission and> each state agency semiannually.  The
   1-22  commission shall provide access to the directory either
   1-23  electronically or in another format, based on the needs of the
   1-24  state agency using the information in the directory.  The
    2-1  commission and state agencies shall use the  directory in
    2-2  determining awards of state purchasing and public works contracts.
    2-3  The commission shall make the directory available to local
    2-4  governments and to the public on request.
    2-5        (c)  The comptroller annually shall prepare a <commission and
    2-6  each state agency shall> report based on a compilation and analysis
    2-7  of <to the office> the total number and dollar amount of contracts
    2-8  awarded to disadvantaged businesses.  The comptroller shall submit
    2-9  the  <These reports shall be made each January and July and shall>
   2-10  report <on the previous six-month period.  The office shall compile
   2-11  and analyze the reports and submit a report based on the analysis>
   2-12  to the presiding officer of each house of the legislature each
   2-13  February.  The comptroller may require information from a state
   2-14  agency, may adopt rules to administer this subsection, and shall
   2-15  coordinate duties performed under this section with duties
   2-16  performed by the commission under Section 3.101 of this Act.
   2-17        (e)  The commission shall assist the Texas Department of
   2-18  Commerce in the performance of the duties of that department under
   2-19  Sections 481.103 and 481.104, Government Code, and their subsequent
   2-20  amendments.
   2-21        (f)  The commission and each state agency shall prepare a
   2-22  written plan regarding the efforts of the commission and agency in
   2-23  achieving the goal of increasing the commission's or agency's use
   2-24  of disadvantaged businesses in purchasing and in public works
   2-25  contracting.  The commission shall provide technical assistance on
   2-26  request to an agency that is preparing a plan under this
   2-27  subsection.  A plan prepared under this subsection must include:
    3-1              (1)  a policy or mission statement relating to
    3-2  increasing use of disadvantaged businesses by the commission or
    3-3  agency;
    3-4              (2)  efforts to be implemented by the commission or
    3-5  agency in implementing the policy or mission statement; and
    3-6              (3)  specific programs to be conducted by the
    3-7  commission or agency to meet the efforts stated in the plan.
    3-8        (g)  The commission and each state agency shall prepare an
    3-9  annual report documenting progress under the plan adopted under
   3-10  Subsection (f) of this section.  The commission or agency shall
   3-11  file the report with the governor, lieutenant governor, and speaker
   3-12  of the house of representatives not later than December 31 of each
   3-13  year.
   3-14        (h)  In cooperation with the state auditor, the commission
   3-15  shall develop a standardized format for reports made under
   3-16  Subsection (g) of this section.
   3-17        SECTION 2.  Section 481.182, Government Code, is amended to
   3-18  read as follows:
   3-19        Sec. 481.182.  Duties.  (a)  The department shall:
   3-20              (1)  establish and maintain a central depository of
   3-21  information, including computer retrievable files, concerning the
   3-22  significant characteristics of the state and its people, economy,
   3-23  land, and physical characteristics, including information
   3-24  concerning employment opportunities in the state;
   3-25              (2)  analyze the information collected under
   3-26  Subdivision (1) as well as other information and disseminate the
   3-27  information and analyses to state, federal, and local agencies and
    4-1  the public;
    4-2              (3)  serve as the official cognizant administrator of
    4-3  the United States Bureau of the Census federal-state cooperative;
    4-4              (4)  collect information and compile data on the border
    4-5  region for the preparation of specific plans and programs for the
    4-6  border region;
    4-7              (5)  adopt procedures to ensure the greatest use by and
    4-8  exchange among state agencies of data bases and statistical and
    4-9  analytical models created by or belonging to the state;
   4-10              (6)  assist institutions of elementary, secondary, and
   4-11  higher education to develop and expand programs of education in
   4-12  international commerce, geography, and language;
   4-13              (7)  establish and operate a comprehensive
   4-14  clearinghouse of information relating to small businesses; and
   4-15              (8)  develop and maintain a master file of information
   4-16  on small and disadvantaged business assistance programs provided by
   4-17  federal, state, and local agencies, educational institutions,
   4-18  chambers of commerce, civic organizations, community development
   4-19  groups, private industry associations, and other organizations and
   4-20  provide comprehensive, timely information to persons seeking that
   4-21  information.
   4-22        (b)  For purposes of this section, "disadvantaged business"
   4-23  has the meaning assigned by Section 1.02(3), State Purchasing and
   4-24  General Services Act (Article 601b, Vernon's Texas Civil Statutes).
   4-25        SECTION 3.  Sections 481.105 and 481.107, Government Code,
   4-26  are repealed.
   4-27        SECTION 4.  On the effective date of this Act, all powers,
    5-1  duties, and obligations of the Office of Small Business Assistance
    5-2  of the Texas Department of Commerce under Section 1.03, State
    5-3  Purchasing and General Services Act (Article 601b, Vernon's Texas
    5-4  Civil Statutes), and under former Section 481.105, Government Code,
    5-5  are transferred to the General Services Commission as prescribed by
    5-6  this Act.  All records and property in the custody of the office
    5-7  that relate to a function transferred by this Act are transferred
    5-8  to the commission.  All appropriations to the office for functions
    5-9  transferred by this Act and all employees of the office employed
   5-10  primarily to engage in those functions are transferred to the
   5-11  commission.  An application for certification as a disadvantaged
   5-12  business is transferred without change in status from the office to
   5-13  the commission.  All rules, standards, and specifications of the
   5-14  office relating to the functions transferred by this Act remain in
   5-15  effect as rules, standards, and specifications of the commission
   5-16  unless superseded by the commission.
   5-17        SECTION 5.  The State Purchasing and General Services
   5-18  Commission and every other state agency required to adopt a written
   5-19  plan under Section 1.03(f), State Purchasing and General Services
   5-20  Act (Article 601b, Vernon's Texas Civil Statutes), as added by
   5-21  Section 1 of this Act, shall adopt the plan not later than June 1,
   5-22  1994.
   5-23        SECTION 6.  This Act takes effect September 1, 1993.
   5-24        SECTION 7.  The importance of this legislation and the
   5-25  crowded condition of the calendars in both houses create an
   5-26  emergency and an imperative public necessity that the
   5-27  constitutional rule requiring bills to be read on three several
    6-1  days in each house be suspended, and this rule is hereby suspended.