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.