BILL ANALYSIS
S.J.R. 30
By: West
State Affairs
3-3-95
Committee Report (Unamended)
BACKGROUND
Testimony before the Joint Interim Committee on Historically
Underutilized Businesses suggests that as a direct result of the
size, bonding and insurance requirements of many state contracts,
the contracts are frequently awarded to large prime contractors,
which are the "lowest bidders" but are generally not HUBs. In
order to achieve contract and procurement goals established by the
legislature, the committee recommended that a bonding fund be
established which would provide surety bonds for historically
underutilized businesses.
PURPOSE
As proposed, S.J.R. 30 requires the submission to the voters of a
constitutional amendment authorizing the legislature to issue bonds
to provide or guarantee surety bonds for historically underutilized
businesses.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article XVI, Texas Constitution, by adding
Section 73, as follows:
Sec. 73. (a) Authorizes the legislature, by law, to establish
a Texas historically underutilized business (HUB) bonding fund
to be used without further appropriation solely in furtherance
of a program established by the legislature to provide surety
bonds to HUBs. Requires the fund to contain certain accounts
authorized by the legislature. Authorizes the legislature to
issue up to $50 million of general obligation bonds (bonds) to
provide funding for the program. Sets forth the sources from
which the fund is to be composed.
(b) Authorizes the legislature to require review and
approval of the issuance of bonds under this section, of the
use of the bond proceeds, or of the rules adopted by an
agency to govern use of the proceeds. Authorizes any entity
directed to conduct this review and approval to include
members or appointees of members of all state government
branches.
(c) Provides that bonds under this section constitute a
general obligation of the state. Provides that there is
appropriated out of the first money coming into the treasury
in each fiscal year not otherwise appropriated the amount
sufficient to pay the principal of and interest on the bonds
less any amount in any interest and sinking account at the
end of the preceding fiscal year that is pledged to payment
of the bonds or interest.
SECTION 2. Requires this constitutional amendment to be submitted
to the voters at an election to be held November 7, 1995. Sets
forth required language for the ballot.