SRC-TNM H.B. 625 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 625
By: Hernandez (Madla)
State Affairs
5-14-97
Engrossed


DIGEST 

Currently, applicants for certification as a historically underutilized or
disadvantaged business must disclose all of their financial information.
This information is subject to public information provisions.  Other small
businesses do not have to make this information public and may receive a
competitive advantage over those companies who are not required to make
their information public. H.B. 625 would exempt information submitted in
an application for certification as a historically underutilized or
disadvantaged business from disclosure and public information laws. 

PURPOSE

As proposed, H.B. 625 outlines provisions regarding the disclosure of
certain information submitted to a governmental entity by a potential
vendor or contractor. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 552C, Government Code, by adding Section
552.127, as follows: 

Sec. 552.127. EXCEPTION: CERTAIN INFORMATION SUBMITTED BY POTENTIAL VENDOR
OR CONTRACTOR. Provides that information submitted by a potential vendor
or contractor to a governmental body in connection with an application for
certification as a historically underutilized or disadvantaged business
under a local, state, or federal certification program is excepted from
the requirements of Section 552.021, except as provided by this section.
Sets forth instances in which the information is prohibited from being
disclosed, notwithstanding Section 552.007 and except as provided by
Subsection (c). Provides that information submitted by a vendor or
contractor or a potential vendor or contractor to a governmental body in
connection with a specific proposed contractual relationship, a specific
contract, or an application to be placed on a bidders list, including
information that may also have been submitted in connection with an
application for certification as a historically underutilized or
disadvantaged business, is subject to required disclosure, except from
required disclosure, or confidential in accordance with other law. 

SECTION 2. Makes application of this Act retroactive.

SECTION 3. Emergency clause.
  Effective date: upon passage.