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.