1-1 By: West S.B. No. 933
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 6, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 6, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Parker x
1-10 Lucio x
1-11 Ellis x
1-12 Haley x
1-13 Harris of Dallas x
1-14 Harris of Tarrant x
1-15 Leedom x
1-16 Madla x
1-17 Rosson x
1-18 Shapiro x
1-19 Wentworth x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 933 By: Haley
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to state agency reporting of contracting with historically
1-24 underutilized businesses.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. DEFINITIONS. In this Act:
1-27 (1) "Adjusted total expenditures" means the sum total
1-28 of purchases, contracts, and payments of a state agency other than
1-29 purchases, contracts, and payments excepted from the definition of
1-30 total expenditures.
1-31 (2) "Commission" means the General Services
1-32 Commission.
1-33 (3) "Comptroller" means the comptroller of public
1-34 accounts.
1-35 (4) "Delegated purchases" means those purchasing
1-36 functions delegated to a state agency by the commission.
1-37 (5) "Department" means the Texas Department of
1-38 Commerce.
1-39 (6) "Historically underutilized businesses" has the
1-40 meaning assigned to that term by the General Appropriations Act.
1-41 (7) "State agency" means any department, commission,
1-42 board, office, institution, or other agency in the executive branch
1-43 of state government.
1-44 SECTION 2. REQUIRED REPORTS. (a) Each state agency shall
1-45 submit to the department and commission each December a report
1-46 reflecting the total number and adjusted total expenditures of
1-47 purchases, contracts, and payments the agency has made with
1-48 historically underutilized businesses during the prior fiscal year.
1-49 The report shall include a separate treatment of the total number
1-50 and adjusted total expenditures of subcontractor and supplier
1-51 contracts that the agency has made with historically underutilized
1-52 businesses. Each agency shall include with the report a list of
1-53 historically underutilized businesses with which it has contracted,
1-54 from which it has made purchases, or to which it has made payments
1-55 during the reporting year. Each state agency participating in a
1-56 consortium formed under Subdivision (5), Subsection (a), Section
1-57 3.01, State Purchasing and General Services Act (Article 601b,
1-58 Vernon's Texas Civil Statutes), shall include with the report a
1-59 separate treatment of the number and adjusted total expenditures of
1-60 purchases, contracts, and payments the agency has made with
1-61 historically underutilized businesses through the consortium during
1-62 the prior fiscal year.
1-63 (b) The commission shall compare the historically
1-64 underutilized businesses list of each state agency filed pursuant
1-65 to this section with the list of historically underutilized
1-66 businesses certified by the commission and shall categorize each
1-67 agency list by the gender and ethnicity of each historically
1-68 underutilized business according to the list of historically
2-1 underutilized businesses certified by the commission.
2-2 (c) Each state agency shall reconcile the report required by
2-3 Subsection (a) of this section with payment data developed by the
2-4 comptroller and the records of the agency. This reconciliation
2-5 shall distinguish between delegated purchases, purchases,
2-6 contracts, and payments made by the agency because of its inclusion
2-7 in the state purchasing program conducted by the commission, and
2-8 other purchases made by the agency, in accordance with Subsection
2-9 (a) of this section.
2-10 (d) Reports required to be filed under this section shall
2-11 not include expenditures for payroll, employee benefits,
2-12 scholarships, utilities, right-of-way acquisition, real estate
2-13 leases, commission open market and contract purchases, purchases
2-14 deleted from the February, 1993, report of the commission, and
2-15 purchases described in Subdivisions (1), (2), (3), and (4),
2-16 Subsection (a), Section 3.01, State Purchasing and General Services
2-17 Act (Article 601b, Vernon's Texas Civil Statutes).
2-18 SECTION 3. AGENCY RECORDS. (a) Each state agency shall
2-19 maintain continuously the following:
2-20 (1) a list of the number of delegated purchases made
2-21 by the state agency during the current fiscal year with
2-22 historically underutilized businesses;
2-23 (2) the percentage relationship that the total number
2-24 of historically underutilized business purchases, contracts, and
2-25 subcontracts made by the state agency during the current fiscal
2-26 year bears to the total number of delegated purchases made by the
2-27 state agency;
2-28 (3) the total expenditures of the state agency with
2-29 historically underutilized businesses; and
2-30 (4) a list of adjusted total expenditures made by each
2-31 management unit within a division or office within the agency with
2-32 historically underutilized businesses during the current fiscal
2-33 year.
2-34 (b) The commission shall classify these and any other
2-35 expenditures not included in the above reports in a manner that
2-36 shows the relative level of opportunity for historically
2-37 underutilized business vendors offered by the sector or class of
2-38 commission expenditures.
2-39 (c) The commission is to seek the advice of the governor,
2-40 the legislature, and other state agencies in prioritizing business
2-41 sectors and expenditure codes to pursue identification and
2-42 development of future historically underutilized businesses'
2-43 business opportunities.
2-44 SECTION 4. RULEMAKING AUTHORITY. The commission and
2-45 department may adopt rules to implement this Act.
2-46 SECTION 5. EMERGENCY. The importance of this legislation
2-47 and the crowded condition of the calendars in both houses create an
2-48 emergency and an imperative public necessity that the
2-49 constitutional rule requiring bills to be read on three several
2-50 days in each house be suspended, and this rule is hereby suspended,
2-51 and that this Act take effect and be in force from and after its
2-52 passage, and it is so enacted.
2-53 * * * * *
2-54 Austin,
2-55 Texas
2-56 April 6, 1993
2-57 Hon. Bob Bullock
2-58 President of the Senate
2-59 Sir:
2-60 We, your Committee on Economic Development to which was referred
2-61 S.B. No. 933, have had the same under consideration, and I am
2-62 instructed to report it back to the Senate with the recommendation
2-63 that it do not pass, but that the Committee Substitute adopted in
2-64 lieu thereof do pass and be printed.
2-65 Parker,
2-66 Chairman
2-67 * * * * *
2-68 WITNESSES
2-69 FOR AGAINST ON
2-70 ___________________________________________________________________
3-1 Name: John P. Moore x
3-2 Representing: U.T. System
3-3 City: Austin
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3-5 Name: David Pinkus x
3-6 Representing: Small Business United of TX
3-7 City: Austin
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