By Davis H.B. No. 3160
74R6879 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to terminating the employment of a state employee who
1-3 discriminates against a historically underutilized business during
1-4 the process of awarding or administering a state contract.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 1, State Purchasing and General Services
1-7 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
1-8 adding Section 1.05 to read as follows:
1-9 Sec. 1.05. TERMINATING EMPLOYMENT OF STATE EMPLOYEE WHO
1-10 DISCRIMINATES AGAINST HISTORICALLY UNDERUTILIZED BUSINESS. (a)
1-11 Each state agency, including the commission, shall terminate the
1-12 employment of an employee of the agency whom the agency finds to
1-13 have discriminated against a historically underutilized business
1-14 during the process of awarding or administering a state contract.
1-15 (b) The state agency may not terminate the employment of a
1-16 state employee under this section before the agency:
1-17 (1) gives timely prehearing notice to the employee of
1-18 the employer's intent to terminate the employment of the employee
1-19 under this section and includes in the notice a written description
1-20 of the alleged acts of the employee that constituted discrimination
1-21 against a historically underutilized business during the process of
1-22 awarding or administering a state contract; and
1-23 (2) holds a hearing to determine whether the
1-24 employment of the employee should be terminated under this section.
2-1 (c) The hearing shall be conducted:
2-2 (1) as a contested case under the administrative
2-3 procedure law, Chapter 2001, Government Code; and
2-4 (2) by an administrative law judge employed by the
2-5 State Office of Administrative Hearings.
2-6 (d) Notwithstanding other law, this section applies without
2-7 regard to:
2-8 (1) the source of funds for the state contract;
2-9 (2) whether the state contract is made under delegated
2-10 purchasing authority or is otherwise excepted from the application
2-11 of this Act; or
2-12 (3) whether the state contract is made under the
2-13 authority of this Act or other law.
2-14 SECTION 2. This Act takes effect September 1, 1995, and
2-15 applies only to an alleged act of discrimination against a
2-16 historically underutilized business that occurs on or after that
2-17 date.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.