BILL ANALYSIS
C.S.H.B. 1012
By: Romo
05-06-95
Committee Report (Substituted)
BACKGROUND
In order to be placed on a bidders list or gain certification by a
governmental entity, a business owner must submit documents to the
certifying agency, such as tax returns, equipment lists, personnel
records, leases, supplier lists, and other financial records. Some
qualified historically underutilized businesses do not seek
certification for fear that sensitive information could be made
available to competition.
PURPOSE
HB 1012 authorizes the exemption of information that is submitted
by a potential vendor for purposes of being placed on a bidders
list or certification by a governmental entity.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 552.110, Government Code, by adding
Subsections (b), (c), and (d) as follows:
(b) Provides that information submitted by a potential
vendor or contractor to a governmental entity which is
related to a proposed contractual agreement, an
application for placement on a bidders list, or for
certification as a historically underutilized or
disadvantaged business to a governmental entity is
excepted from the requirements of Section 552.021.
(c) Subsection (b) does not apply to the business name,
address, or business phone or fax numbers of a potential
vendor or the names of the owners of the business
through which a potential vendor or contractor does
business.
(d) After a governmental entity awards a contract to a
vendor or contractor, Subsection (b) does not apply to
information the vendor or contractor submits or
submitted that is related to the contract awarded to the
vendor or contractor or information the vendor or
contractor submitted before the award of the contract
that is related to application for placement on a
bidders list or for certification as a HUB or
disadvantaged business.
SECTION 2. This change in law applies to all information acquired
by a governmental entity, before, on, or after the
effective date of this act.
SECTION 3. Emergency clause. Effective date: upon passage.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute also exempts information which potential contractors
submit to a governmental entity while the original only exempted
information from potential vendors. The substitute also adds
Subsections (c) and (d) to Section 1.
SUMMARY OF COMMITTEE ACTION
Pursuant to posting of public hearing the House Committee on State
Affairs convened in public hearing on April 11, 1995 to consider HB
1012. The chair laid out HB 1012 and recognized Rep. Romo to
explain the bill. The committee considered 5 amendments to the
bill. 5 of those were not adopted. The following person testified
for the bill: Manuel Longoria representing the City of San Antonio.
The Chair recognized Rep. Romo to close. The Chair left HB 1012
pending. HB 1012 was considered by the committee in a formal
meeting on May 5, 1995. The Chair laid out HB 1012. The committee
considered a complete substitute for the bill. The substitute was
adopted without objection. The bill was reported favorably as
substituted with the recommendation that it do pass and be printed,
which prevailed by a vote of 14 aye, 0 nay, 0 PNV, and 1 absent.