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. 1-52 * * * * *