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.