By:  Davis                                            H.B. No. 2539
       73R6795 LJD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the participation of small and minority-owned
    1-3  businesses in state contracts and purchasing.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  REPORT.  As a part of its strategic plan, a state
    1-6  agency shall report to the legislature and the governor on the
    1-7  level of small and minority-owned business participation as it
    1-8  pertains to the agency's contracts and procurement of goods and
    1-9  services before a budget may be considered for that agency.
   1-10        SECTION 2.  BIDS.  All new invitations to bid or request for
   1-11  proposals should include small and minority-owned business
   1-12  participation as part of the evaluation criteria for prospective
   1-13  bidders and contractors, except entities in counties with a
   1-14  population of 50,000 or less, according to the most recent
   1-15  decennial census.
   1-16        SECTION 3.  CONTRACTORS.  An agency shall encourage its
   1-17  contractors to use small and minority-owned businesses as partners
   1-18  and subcontractors to assist the agency's compliance.  This feature
   1-19  must be outlined in the agency's strategic plan.
   1-20        SECTION 4.  MULTIPLE YEAR EXTENSIONS.  An agency reviewing
   1-21  and reevaluating multiple year contracts for extension shall
   1-22  provide for subcontractors or partners to use small and
   1-23  minority-owned businesses.  Contracts shall be reevaluated for
   1-24  minority participation.
    2-1        SECTION 5.  PREFERENCE FOR STATE BUSINESSES.  In all contract
    2-2  awards for the purchase of supplies, materials, services, and
    2-3  equipment that the General Services Commission expects to make for
    2-4  a state agency in its fiscal year, the commission shall give
    2-5  preference to businesses of this state.
    2-6        SECTION 6.  PREFERENCE FOR SMALL AND MINORITY-OWNED
    2-7  BUSINESSES.  In all contract awards for the purchase of supplies,
    2-8  materials, services, and equipment that the General Services
    2-9  Commission expects to make for a state agency in its fiscal year,
   2-10  the commission shall give appropriate preference to small and
   2-11  minority-owned businesses.
   2-12        SECTION 7.  PRIORITY FOR GEOGRAPHICAL DISBURSEMENTS.  In all
   2-13  contract awards for the purchase of supplies, materials, services,
   2-14  and equipment that the General Services Commission expects to make
   2-15  for a state agency in its fiscal year, the commission shall give
   2-16  priority consideration to geographical disbursements.
   2-17        SECTION 8.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended,
   2-22  and that this Act take effect and be in force from and after its
   2-23  passage, and it is so enacted.