H.B. 1796 78(R)    BILL ANALYSIS


H.B. 1796
By: Talton
State Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Local governments, the state, and federal government require that a
potential vendor or contractor submit to a certification process in
determining that they are an historically underutilized or disadvantaged
business. Section 552.001 of the Government Code provides that "The people
insist on remaining informed so that they may retain control over the
instruments they have created." However, information regarding those who
have requested certification as a historically underutilized or
disadvantaged business is not subject to public disclosure.  This is
contrary to the policy set forth in Section 552.001 of the Government
Code.  The purpose of House Bill 1796 is to repeal Section 552.128 of the
Government Code in order to ensure that information submitted by a
potential vendor or contractor in connection with an application for
certification as a historically underutilized or disadvantaged business is
available for public inspection. 

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, department,
agency, or institution. 

ANALYSIS

House Bill 1796 repeals Section 552.128 of the Government Code.

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.