By:  Lucio                                             S.B. No. 223
       73R2369 CAE-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the provision by the state of surety bonds for
    1-3  historically underutilized businesses.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The heading of Subchapter G, Chapter 481,
    1-6  Government Code, is amended to read as follows:
    1-7      SUBCHAPTER G.  <SMALL BUSINESS> ASSISTANCE FOR HISTORICALLY
    1-8                       UNDERUTILIZED BUSINESSES
    1-9        SECTION 2.  Section 481.101, Government Code, is amended by
   1-10  amending Subdivision (1) and adding Subdivisions (4), (5), and (6)
   1-11  to read as follows:
   1-12              (1)  "Historically underutilized business"
   1-13  <"Disadvantaged business"> means:
   1-14                    (A)  a corporation formed for the purpose of
   1-15  making a profit in which at least 51 percent of all classes of the
   1-16  shares of stock or other equitable securities is owned by one or
   1-17  more persons who are socially  disadvantaged because of their
   1-18  identification as members of certain groups, including black
   1-19  Americans, Hispanic Americans, women, Asian Pacific Americans, and
   1-20  American Indians, who have suffered the effects of discriminatory
   1-21  practices or similar insidious circumstances over which they have
   1-22  no control;
   1-23                    (B)  a sole proprietorship formed for the purpose
   1-24  of making a profit that is 100 percent owned, operated, and
    2-1  controlled by a person described by Paragraph (A) of this
    2-2  subdivision;
    2-3                    (C)  a partnership formed for the purpose of
    2-4  making a profit in which 51 percent of the assets and interest in
    2-5  the partnership is owned by one or more persons described by
    2-6  Paragraph (A) of this subdivision.  Those persons must have
    2-7  proportionate interest in the control, operation, and management of
    2-8  the partnership's affairs;
    2-9                    (D)  a joint venture in which each entity in the
   2-10  joint venture is a historically underutilized <disadvantaged>
   2-11  business under this subdivision; <or>
   2-12                    (E)  a supplier contract between a historically
   2-13  underutilized <disadvantaged> business under this subdivision and a
   2-14  prime contractor under which the historically underutilized
   2-15  <disadvantaged> business is directly involved in the manufacture or
   2-16  distribution of the supplies or materials or otherwise warehouses
   2-17  and ships the supplies; or
   2-18                    (F)  a small business.
   2-19              (4)  "Surety bond fund" means the Texas historically
   2-20  underutilized business surety bond fund.
   2-21              (5)  "Private lender" means a bank, savings bank,
   2-22  savings and loan association, trust company, or insurance company,
   2-23  or an individual that the office determines is an experienced and
   2-24  sophisticated investor.
   2-25              (6)  "Qualified application" means a completed
   2-26  application, including all documents and information required by
   2-27  the office and submitted by:
    3-1                    (A)  a private lender for a business; or
    3-2                    (B)  a historically underutilized business.
    3-3        SECTION 3.  Sections 481.103 and 481.107, Government Code,
    3-4  are amended to read as follows:
    3-5        Sec. 481.103.  Duties.  (a)  The office shall:
    3-6              (1)  examine the role of small and historically
    3-7  underutilized <disadvantaged> businesses in the state's economy and
    3-8  the contribution of small and historically underutilized
    3-9  <disadvantaged> businesses in generating economic activity,
   3-10  expanding employment opportunities, promoting exports, stimulating
   3-11  innovation and entrepreneurship, and bringing new and untested
   3-12  products and services to the marketplace;
   3-13              (2)  serve as the principal advocate in the state on
   3-14  behalf of small and historically underutilized <disadvantaged>
   3-15  businesses and provide advice in the consideration of
   3-16  administrative requirements and legislation that affect small and
   3-17  historically underutilized <disadvantaged> businesses;
   3-18              (3)  evaluate the effectiveness of efforts of state
   3-19  agencies and other entities to assist small and historically
   3-20  underutilized <disadvantaged> businesses and make appropriate
   3-21  recommendations to assist the development and strengthening of
   3-22  small and historically underutilized <disadvantaged> business
   3-23  enterprise;
   3-24              (4)  identify specific instances in which regulations
   3-25  inhibit small and historically underutilized <disadvantaged>
   3-26  business development and to the extent possible identify
   3-27  conflicting state policy goals;
    4-1              (5)  determine the availability of financial and other
    4-2  resources to small and historically underutilized <disadvantaged>
    4-3  businesses and recommend methods for:
    4-4                    (A)  increasing the availability of equity
    4-5  capital and other forms of financial assistance to small and
    4-6  historically underutilized <disadvantaged> businesses;
    4-7                    (B)  generating markets for the goods and
    4-8  services of small and historically underutilized <disadvantaged>
    4-9  businesses;
   4-10                    (C)  providing more effective education,
   4-11  training, and management and technical assistance to small and
   4-12  historically underutilized <disadvantaged> businesses; and
   4-13                    (D)  providing assistance to small and
   4-14  historically underutilized <disadvantaged> businesses in complying
   4-15  with federal, state, and local laws;
   4-16              (6)  describe the reasons for small and historically
   4-17  underutilized <disadvantaged> business successes and failures,
   4-18  ascertain the related factors that are particularly important in
   4-19  this state, and recommend actions for increasing the success rate
   4-20  of small and historically underutilized <disadvantaged> businesses;
   4-21              (7)  serve as a focal point for receiving complaints
   4-22  and suggestions concerning state government policies and activities
   4-23  that affect small and historically underutilized <disadvantaged>
   4-24  businesses;
   4-25              (8)  assist with the resolution of problems among state
   4-26  agencies and small and historically underutilized <disadvantaged>
   4-27  businesses;
    5-1              (9)  develop and advocate proposals for changes in
    5-2  state policies and activities that adversely affect small and
    5-3  historically underutilized <disadvantaged> businesses;
    5-4              (10)  provide to legislative committees and state
    5-5  agencies information on the effects of proposed policies or actions
    5-6  that affect small and historically underutilized <disadvantaged>
    5-7  businesses;
    5-8              (11)  enlist the assistance of public and private
    5-9  agencies, businesses, and other organizations in disseminating
   5-10  information about state programs and services that benefit small
   5-11  and historically underutilized <disadvantaged> businesses and
   5-12  information regarding means by which small and historically
   5-13  underutilized <disadvantaged> businesses can use those programs and
   5-14  services;
   5-15              (12)  provide information and assistance relating to
   5-16  establishing, operating, or expanding small and historically
   5-17  underutilized <disadvantaged> businesses;
   5-18              (13)  establish and operate a statewide toll-free
   5-19  telephone service providing small and historically underutilized
   5-20  <disadvantaged> businesses with ready access to the services
   5-21  offered by the office;
   5-22              (14)  identify sources of financial assistance for
   5-23  small and historically underutilized <disadvantaged> businesses,
   5-24  match small and historically underutilized <disadvantaged>
   5-25  businesses with sources of financial assistance, and assist small
   5-26  and historically underutilized <disadvantaged> businesses with the
   5-27  preparation of applications for loans from governmental or private
    6-1  sources;
    6-2              (15)  sponsor meetings, to the extent practicable in
    6-3  cooperation with public and private educational institutions, to
    6-4  provide training and disseminate information beneficial to small
    6-5  and historically underutilized <disadvantaged> businesses;
    6-6              (16)  assist small and historically underutilized
    6-7  <disadvantaged> businesses in their dealings with federal, state,
    6-8  and local governmental agencies and provide information regarding
    6-9  governmental requirements affecting small and historically
   6-10  underutilized <disadvantaged> businesses;
   6-11              (17)  perform research, studies, and analyses of
   6-12  matters affecting the interests of small and historically
   6-13  underutilized <disadvantaged> businesses;
   6-14              (18)  develop and implement programs to encourage
   6-15  governmental agencies, public sector business associations, and
   6-16  other organizations to provide useful services to small and
   6-17  historically underutilized <disadvantaged> businesses;
   6-18              (19)  use available resources within the state, such as
   6-19  small business development centers, educational institutions, and
   6-20  nonprofit associations, to coordinate the provision of management
   6-21  and technical assistance to small and historically underutilized
   6-22  <disadvantaged> businesses in a systematic manner;
   6-23              (20)  publish newsletters, brochures, and other
   6-24  documents containing information useful to small and historically
   6-25  underutilized <disadvantaged> businesses;
   6-26              (21)  identify successful small and historically
   6-27  underutilized <disadvantaged> business assistance programs provided
    7-1  by other states and determine the feasibility of adapting those
    7-2  programs for implementation in this state;
    7-3              (22)  establish an outreach program to make the
    7-4  existence of the office known to small and historically
    7-5  underutilized <disadvantaged> businesses and potential clients
    7-6  throughout the state;
    7-7              (23)  adopt rules necessary to carry out this
    7-8  subchapter;
    7-9              (24)  identify potential business opportunities for
   7-10  small and historically underutilized <disadvantaged> businesses in
   7-11  the border region and develop programs to maximize those
   7-12  opportunities;
   7-13              (25)  identify potential business opportunities for
   7-14  small and historically underutilized <disadvantaged> businesses in
   7-15  rural areas of this state and develop programs to maximize those
   7-16  opportunities; and
   7-17              (26)  perform any other functions necessary to carry
   7-18  out the purposes of this subchapter.
   7-19        (b)  The department may provide community-based services to
   7-20  carry out its duties under this chapter, including the creation of
   7-21  a pilot program to evaluate the merits of locating full-time
   7-22  personnel outside the Austin headquarters.  This pilot program will
   7-23  give first preference to serving economically distressed areas,
   7-24  rural areas, or historically underutilized <disadvantaged>
   7-25  businesses or assisting development of specific industries.  The
   7-26  department may require areas served by these personnel to provide
   7-27  in-kind or cash contributions as necessary to support these
    8-1  personnel.   A report will be submitted to the legislature
    8-2  describing the effectiveness of this method for delivering services
    8-3  from the department to address specific economic needs.
    8-4        Sec. 481.107.  CONTRACTS AWARDED TO SMALL OR HISTORICALLY
    8-5  UNDERUTILIZED <DISADVANTAGED> BUSINESSES.  Each state agency shall
    8-6  keep statistical data and other records on the number of contracts
    8-7  awarded by the agency to small or historically underutilized
    8-8  <disadvantaged> businesses.
    8-9        SECTION 4.  Subchapter G, Chapter 481, Government Code, is
   8-10  amended by adding Sections 481.118-481.120, 481.1201, 481.1202,
   8-11  481.1203, 481.1204, and 481.1205 to read as follows:
   8-12        Sec. 481.118.  Texas Historically Underutilized Business
   8-13  Surety Bond Fund.  (a)  The Texas historically underutilized
   8-14  business surety bond fund is a revolving fund in the state
   8-15  treasury.  The surety bond fund consists of money appropriated to
   8-16  the department, proceeds of general obligation bonds issued to
   8-17  provide surety bonds under this subchapter, bonding fees, and other
   8-18  amounts received by the state from the provision of surety bonds
   8-19  under this subchapter and money acquired from federal grants or
   8-20  other sources and required by resolution of the board to be
   8-21  deposited in the surety bond fund.  The surety bond fund contains a
   8-22  program account, an interest and sinking account, and other
   8-23  accounts that the board authorizes to be created and maintained.
   8-24  Money in the surety bond fund is available for use by the office
   8-25  for the surety bond program provided by this subchapter.
   8-26        (b)  Money in the program account, minus the costs of
   8-27  issuance of general obligation bonds to provide surety bonds under
    9-1  this subchapter and necessary costs of administering the surety
    9-2  bond fund, may be used only to provide surety bonds to historically
    9-3  underutilized businesses.  The office may provide a surety bond for
    9-4  a historically underutilized business to ensure the performance of
    9-5  the historically underutilized business under a contract.  The
    9-6  office shall provide surety bonds from the surety bond fund on the
    9-7  terms and conditions that the office determines to be reasonable,
    9-8  appropriate, and consistent with the purposes and objectives of the
    9-9  surety bond fund and this subchapter.
   9-10        (c)  Surety bonds provided from the surety bond fund must be
   9-11  evenly distributed among the north, south, east, west, and central
   9-12  regions of the state.  Each region is entitled to one-fifth of the
   9-13  proceeds of the surety bond fund to be used to provide surety bonds
   9-14  to historically underutilized businesses whose principal place of
   9-15  business is in that region.
   9-16        Sec. 481.119.  SURETY BONDS.  (a)  The office may not provide
   9-17  a surety bond for a business unless the business is a historically
   9-18  underutilized business.
   9-19        (b)  For each surety bond the office shall determine:
   9-20              (1)  the cost of the surety bond and the fees charged
   9-21  by the office;
   9-22              (2)  the ability of the business to complete the
   9-23  contract for which the surety bond is provided; and
   9-24              (3)  any other terms or conditions relating to the
   9-25  provision of the surety bond.
   9-26        Sec. 481.120.  SURETY BOND:  APPLICATION AND APPROVAL.  (a)
   9-27  The office may not provide a surety bond except on submission of a
   10-1  qualified application by a  historically underutilized business.
   10-2        (b)  A qualified application may not be approved unless the
   10-3  business has a contract with another person conditioned on the
   10-4  provision of a surety bond.
   10-5        (c)  On approval of the qualified application, the office may
   10-6  provide the surety bond.
   10-7        (d)  This subchapter does not prohibit the use of money in
   10-8  the surety bond fund  in conjunction with any other money available
   10-9  for the purposes of providing surety bonds under this subchapter.
  10-10        Sec. 481.1201.  PAYMENT ON SURETY BOND.  (a)  If a
  10-11  historically underutilized business does not perform on a contract
  10-12  for which a surety bond has been provided under this subchapter and
  10-13  the office is required to honor the surety bond, the office,
  10-14  through its representative, shall bring suit against the business
  10-15  as soon as practicable.  The suit may be brought in the county in
  10-16  which the principal office of the business is located or in Travis
  10-17  County.
  10-18        (b)  The office shall report to the comptroller of public
  10-19  accounts the name of a business in which the office has made
  10-20  payment on a surety bond provided under Section 481.120.  The
  10-21  comptroller of public accounts may not issue a warrant to the
  10-22  business until the business pays the amount it owes to the office.
  10-23        Sec. 481.1202.  FALSE INFORMATION ON SURETY BOND APPLICATION.
  10-24  An applicant who knowingly or negligently provides material false
  10-25  information on an application under Section 481.120:
  10-26              (1)  may not submit an application under Section
  10-27  481.120 before the second anniversary of the date that the
   11-1  application containing the false information was submitted; and
   11-2              (2)  is liable to the state for any expense incurred by
   11-3  the state that would not have been incurred if the applicant had
   11-4  not provided the false information.
   11-5        Sec. 481.1203.  ADMINISTRATION OF SURETY BOND FUND.  The
   11-6  office shall administer the surety bond fund under this subchapter
   11-7  and shall act as liaison among businesses and state agencies whose
   11-8  services are useful to the office in providing surety bonds under
   11-9  this subchapter.
  11-10        Sec. 481.1204.  ADDITIONAL POWERS AND DUTIES:  SURETY BONDS.
  11-11  The board shall adopt rules necessary to carry out the purposes of
  11-12  the surety bond fund.
  11-13        Sec. 481.1205.  SURETY BOND FUND:  GENERAL OBLIGATION BONDS.
  11-14  (a)  The board may issue up to $50 million of general obligation
  11-15  bonds and may use the proceeds to provide surety bonds under this
  11-16  subchapter.  The board shall deposit the proceeds of the general
  11-17  obligation bonds in the surety bond fund and apply them in
  11-18  accordance with the resolutions authorizing those bonds.   The
  11-19  surety bond fund and any accounts established in the fund shall be
  11-20  held in trust by the state treasurer for and on behalf of the
  11-21  office and the owners of the general obligation bonds issued in
  11-22  accordance with this section and may be used only as provided by
  11-23  this section.  Pending use, the treasurer may invest and reinvest
  11-24  money in the surety bond fund in investments authorized by law for
  11-25  state funds that the treasurer, consistent with the board's
  11-26  resolutions authorizing the general obligation bonds, considers
  11-27  appropriate.  Payment for the provision of a surety bond provided
   12-1  under this subchapter shall be deposited, first, in the interest
   12-2  and sinking account as prescribed by the board's resolutions
   12-3  authorizing general obligation bonds under this subchapter and,
   12-4  second, in any reserve account established by the board until that
   12-5  account is fully funded as prescribed by the board's resolutions.
   12-6  If, during the time any general obligation bonds are payable from
   12-7  the interest and sinking account, the board determines that there
   12-8  will not be sufficient money in the interest and sinking account
   12-9  during the following fiscal year to pay the principal of or
  12-10  interest on the general obligation bonds or both the principal and
  12-11  interest that are to come due during the following fiscal year, the
  12-12  comptroller of public accounts shall transfer to the fund the first
  12-13  money coming into the state treasury not otherwise appropriated by
  12-14  the constitution in an amount sufficient to pay the obligations.
  12-15        (b)  The general obligation bonds may be issued from time to
  12-16  time in one or more series or issues, in bearer, registered, or any
  12-17  other form, which may include registered uncertificated obligations
  12-18  not represented by written instruments and commonly known as
  12-19  book-entry obligations, the registration of ownership and transfer
  12-20  of which shall be provided for by the board under a system of books
  12-21  and records maintained by the office or by an agent appointed by
  12-22  the board in a resolution providing for issuance of its general
  12-23  obligation bonds.  General obligation bonds may mature serially or
  12-24  otherwise not more than 40 years from their date.  General
  12-25  obligation bonds may bear no interest or may bear interest at any
  12-26  rate or rates, fixed, variable, floating, or otherwise, determined
  12-27  by the board or determined pursuant to any contractual arrangements
   13-1  approved by the board, not to exceed the maximum net effective
   13-2  interest rate allowed by Chapter 3, Acts of the 61st Legislature,
   13-3  Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
   13-4  Statutes).  Interest on the general obligation bonds may be payable
   13-5  at any time, and the rate of interest on the general obligation
   13-6  bonds may be adjusted at any time determined by the board pursuant
   13-7  to the resolutions authorizing the bonds or determined pursuant to
   13-8  any contractual arrangement approved by the board.  In connection
   13-9  with the issuance of its general obligation bonds, the board may
  13-10  exercise the powers granted to the governing body of an issuer in
  13-11  connection with the issuance of obligations under Chapter 656, Acts
  13-12  of the 68th Legislature, Regular Session, 1983 (Article 717q,
  13-13  Vernon's Texas Civil Statutes), to the extent not inconsistent with
  13-14  this section.  The general obligation bonds may be issued in the
  13-15  form and denominations and executed in the manner and under the
  13-16  terms, conditions, and details determined by the board in the
  13-17  resolution authorizing their issuance.  If any officer whose manual
  13-18  or facsimile signature appears on the general obligation bonds
  13-19  ceases to be an officer, the signature remains valid and sufficient
  13-20  for all purposes as if the officer had remained in office.
  13-21        (c)  All general obligation bonds issued by the board under
  13-22  this section are subject to review and approval by the attorney
  13-23  general in the same manner and with the same effect as is provided
  13-24  by Chapter 656, Acts of the 68th Legislature, Regular Session, 1983
  13-25  (Article 717q, Vernon's Texas Civil Statutes).
  13-26        (d)  The general obligation bonds are a legal and authorized
  13-27  investment for a bank, trust company, savings and loan association,
   14-1  insurance company, fiduciary, trustee, or guardian or a sinking
   14-2  fund of a municipality, county, school district, or political
   14-3  subdivision of the state.  The general obligation bonds may secure
   14-4  deposits of public funds of the state or a municipality, county,
   14-5  school district, or another political corporation or subdivision of
   14-6  the state.  The board may issue bonds to refund all or part of its
   14-7  outstanding general obligation bonds, including accrued but unpaid
   14-8  interest.  The general obligation bonds, a transaction relating to
   14-9  those bonds, or a profit made in the sale of those bonds is exempt
  14-10  from taxation by the state, an agency or subdivision of the state,
  14-11  a municipality, or a special district.
  14-12        SECTION 5.  This Act takes effect on the date on which the
  14-13  constitutional amendment proposed by ___ J.R. ___, Acts of the 73rd
  14-14  Legislature, Regular Session, 1993, takes effect.  If that proposed
  14-15  constitutional amendment is not approved by the voters, this Act
  14-16  has no effect.
  14-17        SECTION 6.  The importance of this legislation and the
  14-18  crowded condition of the calendars in both houses create an
  14-19  emergency   and   an   imperative   public   necessity   that   the
  14-20  constitutional rule requiring bills to be read on three several
  14-21  days in each house be suspended, and this rule is hereby suspended.