By: West S.B. No. 150
A BILL TO BE ENTITLED
AN ACT
1-1 relating to public contracts with disadvantaged businesses.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Title 20, Article 601i, Section 4, Purchasing and
1-4 General Services Commission is amended to read as follows:
1-5 Sec. 4. To qualify as a contractor claiming disadvantaged
1-6 business status under this Act:
1-7 (1) the general contractor will perform all of the
1-8 estimating and contract administration functions with the employees
1-9 of that contractor;
1-10 (2) subcontractors will perform all of their work of
1-11 their trade with their own employees or, if the subcontractor uses
1-12 an employee leasing firm for the purpose of providing salary and
1-13 benefit administration, with employees who in all other respects
1-14 are supervised and perform on the job as if they were employees of
1-15 the subcontractor; and
1-16 (3) a prime contractor who intends to subcontract
1-17 specific trades may do so if the dollar value of the subcontracts
1-18 does not exceed 49 percent of the original value of the contract,
1-19 and all work in the trade of the prime contractor is accomplished
1-20 by employees of that contractor, except a prime contractor may
1-21 subcontract all or part of the contract to another disadvantaged
1-22 business, or, if the prime contractor uses an employee leasing firm
1-23 for the purposes of salary and benefit administration, with
2-1 employees who in all other respects are supervised and perform on
2-2 the job as if they were employees of the prime contractor.
2-3 SECTION 2. This act takes effect September 1, 1995.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.