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.