By Ellis                                               S.B. No. 464
       74R3918 JRD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to exempting from disclosure under the open records law
    1-3  information that is submitted by a business for purposes of
    1-4  becoming certified as a disadvantaged or historically underutilized
    1-5  business.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Subchapter C, Chapter 552, Government Code, is
    1-8  amended by adding Section 552.125 to read as follows:
    1-9        Sec. 552.125.  EXCEPTION: INFORMATION SUBMITTED FOR PURPOSES
   1-10  OF BECOMING CERTIFIED AS DISADVANTAGED OR HISTORICALLY
   1-11  UNDERUTILIZED BUSINESS.  Information that is submitted to a
   1-12  governmental entity in connection with an application for
   1-13  certification as a disadvantaged or historically underutilized
   1-14  business under a local, state, or federal certification program is
   1-15  excepted from the requirements of Section 552.021.
   1-16        SECTION 2.  Section 1.03(a), State Purchasing and General
   1-17  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   1-18  amended to read as follows:
   1-19        (a)  The commission shall certify businesses that are
   1-20  historically underutilized businesses.  As part of its
   1-21  certification procedures, the commission may approve a municipal
   1-22  program that certifies historically underutilized businesses under
   1-23  substantially the same definition prescribed by Section 1.02(3) of
   1-24  this Act and may certify businesses certified by the municipality
    2-1  as historically underutilized businesses under this Act.
    2-2  Information that is submitted to the commission or another state
    2-3  governmental entity in connection with an application for
    2-4  certification as a disadvantaged or historically underutilized
    2-5  business under a local, state, or federal certification program is
    2-6  not public information and is excepted from required public
    2-7  disclosure in accordance with Section 552.125, Government Code.
    2-8        SECTION 3.  Subchapter Z, Chapter 271, Local Government Code,
    2-9  is amended by adding Section 271.904 to read as follows:
   2-10        Sec. 271.904.  INFORMATION SUBMITTED FOR PURPOSES OF BECOMING
   2-11  CERTIFIED AS DISADVANTAGED OR HISTORICALLY UNDERUTILIZED BUSINESS.
   2-12  Information that is submitted to a local governmental entity in
   2-13  connection with an application for certification as a disadvantaged
   2-14  or historically underutilized business under a local, state, or
   2-15  federal certification program is not public information and is
   2-16  excepted from required public disclosure in accordance with Section
   2-17  552.125, Government Code.
   2-18        SECTION 4.  The changes in law made by this Act apply to
   2-19  information received by a governmental entity on, before, or after
   2-20  the effective date of this Act.
   2-21        SECTION 5.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended,
   2-26  and that this Act take effect and be in force from and after its
   2-27  passage, and it is so enacted.