By: West S.B. No. 933 A BILL TO BE ENTITLED AN ACT 1-1 relating to state agency reporting of contracting with historically 1-2 underutilized businesses. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. DEFINITIONS. In this Act: 1-5 (1) "Adjusted total expenditures" means the sum total 1-6 of purchases, contracts, and payments of a state agency other than 1-7 purchases, contracts, and payments excepted from the definition of 1-8 total expenditures. 1-9 (2) "Commission" means the General Services 1-10 Commission. 1-11 (3) "Comptroller" means the comptroller of public 1-12 accounts. 1-13 (4) "Delegated purchases" means those purchasing 1-14 functions delegated to a state agency by the commission. 1-15 (5) "Department" means the Texas Department of 1-16 Commerce. 1-17 (6) "Historically underutilized businesses" has the 1-18 meaning assigned to that term by the General Appropriations Act. 1-19 (7) "State agency" means any department, commission, 1-20 board, office, institution, or other agency in the executive branch 1-21 of state government. 1-22 SECTION 2. REQUIRED REPORTS. (a) Each state agency shall 1-23 submit to the department and commission each December a report 2-1 reflecting the total number and adjusted total expenditures of 2-2 purchases, contracts, and payments the agency has made with 2-3 historically underutilized businesses during the prior fiscal year. 2-4 The report shall include a separate treatment of the total number 2-5 and adjusted total expenditures of subcontractor and supplier 2-6 contracts that the agency has made with historically underutilized 2-7 businesses. Each agency shall include with the report a list of 2-8 historically underutilized businesses with which it has contracted, 2-9 from which it has made purchases, or to which it has made payments 2-10 during the reporting year. Each state agency participating in a 2-11 consortium formed under Subdivision (5), Subsection (a), Section 2-12 3.01, State Purchasing and General Services Act (Article 601b, 2-13 Vernon's Texas Civil Statutes), shall include with the report a 2-14 separate treatment of the number and adjusted total expenditures of 2-15 purchases, contracts, and payments the agency has made with 2-16 historically underutilized businesses through the consortium during 2-17 the prior fiscal year. 2-18 (b) The commission shall compare the historically 2-19 underutilized businesses list of each state agency filed pursuant 2-20 to this section with the list of historically underutilized 2-21 businesses certified by the commission and shall categorize each 2-22 agency list by the gender and ethnicity of each historically 2-23 underutilized business according to the list of historically 2-24 underutilized businesses certified by the commission. 2-25 (c) Each state agency shall reconcile the report required by 3-1 Subsection (a) of this section with payment data developed by the 3-2 comptroller and the records of the agency. This reconciliation 3-3 shall distinguish between delegated purchases, purchases, 3-4 contracts, and payments made by the agency because of its inclusion 3-5 in the state purchasing program conducted by the commission, and 3-6 other purchases made by the agency, in accordance with Subsection 3-7 (a) of this section. 3-8 (d) Reports required to be filed under this section shall 3-9 not include expenditures for payroll, employee benefits, 3-10 scholarships, utilities, right-of-way acquisition, real estate 3-11 leases, commission open market and contract purchases, purchases 3-12 deleted from the February, 1993, report of the commission, and 3-13 purchases described in Subdivisions (1), (2), (3), and (4), 3-14 Subsection (a), Section 3.01, State Purchasing and General Services 3-15 Act (Article 601b, Vernon's Texas Civil Statutes). 3-16 SECTION 3. AGENCY RECORDS. (a) Each state agency shall 3-17 maintain continuously the following: 3-18 (1) a list of the number of delegated purchases made 3-19 by the state agency during the current fiscal year with 3-20 historically underutilized businesses; 3-21 (2) the percentage relationship that the total number 3-22 of historically underutilized business purchases, contracts, and 3-23 subcontracts made by the state agency during the current fiscal 3-24 year bears to the total number of delegated purchases made by the 3-25 state agency; 4-1 (3) the total expenditures of the state agency with 4-2 historically underutilized businesses; and 4-3 (4) a list of adjusted total expenditures made by each 4-4 management unit within a division or office within the agency with 4-5 historically underutilized businesses during the current fiscal 4-6 year. 4-7 (b) The commission shall classify these and any other 4-8 expenditures not included in the above reports in a manner that 4-9 shows the relative level of opportunity for historically 4-10 underutilized business vendors offered by the sector or class of 4-11 commission expenditures. 4-12 (c) The commission is to seek the advice of the governor, 4-13 the legislature, and other state agencies in prioritizing business 4-14 sectors and expenditure codes to pursue identification and 4-15 development of future historically underutilized businesses' 4-16 business opportunities. 4-17 SECTION 4. RULEMAKING AUTHORITY. The commission and 4-18 department may adopt rules to implement this Act. 4-19 SECTION 5. EMERGENCY. The importance of this legislation 4-20 and the crowded condition of the calendars in both houses create an 4-21 emergency and an imperative public necessity that the 4-22 constitutional rule requiring bills to be read on three several 4-23 days in each house be suspended, and this rule is hereby suspended, 4-24 and that this Act take effect and be in force from and after its 4-25 passage, and it is so enacted.