Amend CSSB 311 between Sections 9.08 and 9.09 (House
committee report, page 100, following line 27), by inserting the
following appropriately numbered SECTIONS and renumbering the
subsequent SECTIONS of the article accordingly:
      SECTION __.  Section 2166.258, Government Code, is amended to
read as follows:
      Sec. 2166.258.  COMMON SURETY OR INSURER.  (a)  The
commission and each <or an> agency whose project is exempted from
all or part of this chapter under Section 2166.003 shall jointly or
separately enter into a competitively bid contract <may negotiate
an arrangement advantageous to the state> with a surety or an
insurer, as appropriate, authorized to do business in this state
and with experience in surety bond support services, under which
the surety or insurer shall aggressively assist historically
underutilized businesses and small businesses to obtain the bonds
or insurance required to qualify for a contract or subcontract on a
project administered by the commission or other agency <to furnish
bonds, insurance, or both that a contractor or subcontractor is
required to execute or carry to receive a contract or subcontract
on a project administered by the commission or other agency>.
      (b)  Notwithstanding Section 1, Chapter 87, Acts of the 56th
Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas
Insurance Code), the commission and an <or other> agency whose
project is exempted from all or part of this chapter under Section
2166.003 shall <may> require a contractor or subcontractor to meet
part or all of the bonding or insurance requirements for the
project under the contract entered into under Subsection (a)
<arrangement negotiated> by the commission or other agency.
      (c)  A contract under Subsection (a) must:
            (1)  be renewed at least once each state fiscal
biennium;
            (2)  require the surety or insurer to aggressively take
steps to furnish assistance for obtaining bonds, insurance, or both
to historically underutilized businesses and small businesses; and
            (3)  provide that the surety's or insurer's performance
under the contract will be evaluated at least in part on the basis
of the number of historically underutilized businesses, small
businesses, and other businesses that obtain the required bonds,
insurance, or both from the contractor.
      (d)  The commission or other state agency entering into a
contract with  a surety or insurer under Subsection (a) shall
conduct annual program audits and performance reviews under the
contract.
      SECTION __.  The change in law made by this Act does not
affect a contract entered into between a state agency and a surety
or an insurer under Section 2166.258, Government Code, that is in
force on that date during the term of the contract, but the renewal
of the contract must comply with Section 2166.258, Government Code,
as amended by this Act.