By Ellis S.B. No. 1637 76R6456 JRD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to state agency progress in meeting historically 1-3 underutilized business contracting goals. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 2161, Government Code, is 1-6 amended by adding Section 2161.003 to read as follows: 1-7 Sec. 2161.003. REVOCATION OR TRANSFER OF PURCHASING 1-8 AUTHORITY. (a) In this section, "health and human services 1-9 agency" has the meaning assigned by Section 531.001. 1-10 (b) In preparing the consolidated yearly report under 1-11 Section 2161.121 regarding the historically underutilized business 1-12 program during the preceding state fiscal year, the commission 1-13 shall determine for each state agency whether the agency 1-14 substantially failed to meet during the preceding fiscal year the 1-15 applicable historically underutilized business contracting goals 1-16 established by this chapter and by rules of the commission. The 1-17 commission shall revoke, for the remainder of the current state 1-18 fiscal year, any purchasing authority that the commission has 1-19 delegated to a state agency if the commission determines that the 1-20 agency failed to meet the applicable goals. 1-21 (c) The commission shall report to the Health and Human 1-22 Services Commission each health and human services agency that 1-23 substantially failed to meet the goals during the preceding state 1-24 fiscal year. The Health and Human Services Commission shall 2-1 transfer, for the remainder of the current state fiscal year, one 2-2 or more appropriate procurement functions of each of those agencies 2-3 to another appropriate state agency. 2-4 (d) If the commission revokes a state agency's delegated 2-5 purchasing authority under this section or the Health and Human 2-6 Services Commission transfers a health and human services agency's 2-7 purchasing functions under this section, the comptroller may 2-8 consider that fact in the event a transfer of an agency's 2-9 appropriated funds is needed to cover the costs of assuming the 2-10 agency's purchasing functions. The amount transferred from the 2-11 agency's funds shall be an amount determined by the Legislative 2-12 Budget Board. 2-13 SECTION 2. Subchapter C, Chapter 2161, Government Code, is 2-14 amended by adding Section 2161.126 to read as follows: 2-15 Sec. 2161.126. LEGISLATIVE APPROPRIATIONS REQUESTS. Each 2-16 state agency must include as part of its legislative appropriations 2-17 request a detailed report for consideration by the budget 2-18 committees of the legislature that shows the extent to which the 2-19 agency met the applicable historically underutilized business 2-20 contracting goals established by this chapter and by rules of the 2-21 commission during the two calendar years preceding the calendar 2-22 year in which the request is submitted. If a state agency did not 2-23 meet an applicable goal, the report must demonstrate the reasons 2-24 for that fact. The extent to which a state agency meets applicable 2-25 goals is considered a performance measure for purposes of the 2-26 appropriations process. 2-27 SECTION 3. This Act takes effect September 1, 1999, except 3-1 that Section 2161.003, Government Code, as added by this Act, takes 3-2 effect September 1, 2000. 3-3 SECTION 4. The importance of this legislation and the 3-4 crowded condition of the calendars in both houses create an 3-5 emergency and an imperative public necessity that the 3-6 constitutional rule requiring bills to be read on three several 3-7 days in each house be suspended, and this rule is hereby suspended.