By Ellis                                              S.B. No. 1204
       74R6878 JRD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to state agency reports to the General Services Commission
    1-3  and to the commission's reports about purchases from historically
    1-4  underutilized businesses.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 1.03(c), State Purchasing and General
    1-7  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
    1-8  amended to read as follows:
    1-9        (c)  The commission shall prepare a report based on a
   1-10  compilation and analysis of reports submitted to it by each state
   1-11  agency and information provided by the comptroller. The report
   1-12  shall include the total number and dollar amount of contracts
   1-13  awarded and actually paid to historically underutilized businesses
   1-14  certified by the commission.  Not later than September 15 and March
   1-15  15 of each year, each state agency shall submit to the commission
   1-16  information required by the commission for its preparation of the
   1-17  report required by this subsection.  The commission shall submit a
   1-18  consolidated report on April 15 of each year on the previous
   1-19  six-month period to the joint committee charged with monitoring the
   1-20  implementation of the historically underutilized business goals.
   1-21  The commission shall submit a consolidated report on October 15 of
   1-22  each year on the preceding fiscal year to the presiding officer of
   1-23  each house of the legislature, the members of the legislature and
   1-24  the joint committee.  The commission may require information from a
    2-1  state agency and may adopt rules to administer this section.  The
    2-2  comptroller shall provide information to the commission that will
    2-3  assist the commission in the performance of its duties under this
    2-4  section.  Subsections (d)-(k) of this section apply to the report
    2-5  and information required under this section.  The information
    2-6  submitted by state agencies to the commission and the commission's
    2-7  consolidated reports must separately categorize the total number
    2-8  and dollar amount of contracts awarded and actually paid to
    2-9  historically underutilized businesses:
   2-10              (1)  by the comptroller's expenditure object codes; and
   2-11              (2)  into the purchasing categories of commodities,
   2-12  professional services, other services, and construction contracts.
   2-13        SECTION 2.  Section 1.03(e), State Purchasing and General
   2-14  Services Act (Article 601b, Vernon's Texas Civil Statutes), as
   2-15  added by Section 3, Chapter 684, Acts of the 73rd Legislature,
   2-16  Regular Session, 1993, is amended to read as follows:
   2-17        (e)  To ensure accuracy in reporting the use of historically
   2-18  underutilized businesses:
   2-19              (1)  <,> each state agency shall continuously maintain,
   2-20  and shall compile monthly, information relating to the agency's
   2-21  use, and the use by each operating division of the agency, of
   2-22  historically underutilized businesses, including information
   2-23  regarding subcontractors and suppliers required by Subsection (f)
   2-24  of this section;
   2-25              (2)  each state agency shall follow proper accounting
   2-26  procedures and applicable rules of the commission and comptroller
   2-27  in reporting information under this section; and
    3-1              (3)  the commission and the comptroller shall adopt
    3-2  joint rules, after review and comment by the state auditor, that
    3-3  prescribe procedures a state agency must follow in reporting
    3-4  information under this section.
    3-5        SECTION 3.  This Act takes effect September 1, 1995.
    3-6        SECTION 4.  The importance of this legislation and the
    3-7  crowded condition of the calendars in both houses create an
    3-8  emergency and an imperative public necessity that the
    3-9  constitutional rule requiring bills to be read on three several
   3-10  days in each house be suspended, and this rule is hereby suspended.