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.