1-1     By:  Hernandez (Senate Sponsor - Madla)                H.B. No. 625

 1-2           (In the Senate - Received from the House May 12, 1997;

 1-3     May 13, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 18, 1997, reported favorably by the following vote:

 1-5     Yeas 13, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the disclosure of certain information submitted to a

 1-9     governmental entity by a potential vendor or  contractor.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter C, Chapter 552, Government Code, is

1-12     amended by adding Section 552.127 to read as follows:

1-13           Sec. 552.127.  EXCEPTION: CERTAIN INFORMATION SUBMITTED BY

1-14     POTENTIAL VENDOR OR CONTRACTOR.  (a)  Information submitted by a

1-15     potential vendor or contractor to a governmental body in connection

1-16     with an application for certification as a historically

1-17     underutilized or disadvantaged business under a local, state, or

1-18     federal certification program is excepted from the requirements of

1-19     Section 552.021, except as provided by this section.

1-20           (b)  Notwithstanding Section 552.007 and except as provided

1-21     by Subsection (c), the information may be disclosed only:

1-22                 (1)  to a state or local governmental entity in this

1-23     state, and the state or local governmental entity may use the

1-24     information  only:

1-25                       (A)  for purposes related to verifying an

1-26     applicant's status as a historically underutilized or disadvantaged

1-27     business; or

1-28                       (B)  for the purpose of conducting a study of a

1-29     public purchasing program established under state law for

1-30     historically  underutilized or disadvantaged businesses; or

1-31                 (2)  with the express written permission of the

1-32     applicant or the applicant's agent.

1-33           (c)  Information submitted by a vendor or contractor or a

1-34     potential vendor or contractor to a governmental body in connection

1-35     with a specific proposed contractual relationship, a specific

1-36     contract, or an application to be placed on a bidders list,

1-37     including information that may also have been submitted in

1-38     connection with an application for certification as a historically

1-39     underutilized or disadvantaged business, is subject to required

1-40     disclosure, excepted from required disclosure, or confidential in

1-41     accordance with other law.

1-42           SECTION 2.  Section 552.127, Government Code, as added by

1-43     this Act, applies to information received by a governmental body

1-44     on, before, or after the effective date of this Act.

1-45           SECTION 3.  The importance of this legislation and the

1-46     crowded condition of the calendars in both houses create an

1-47     emergency and an imperative public necessity that the

1-48     constitutional rule requiring bills to be read on three several

1-49     days in each house be suspended, and this rule is hereby suspended,

1-50     and that this Act take effect and be in force from and after its

1-51     passage, and it is so enacted.

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