By: West S.B. No. 1005
(In the Senate - Filed March 7, 2003; March 13, 2003, read
first time and referred to Committee on Finance; April 10, 2003,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 12, Nays 0; April 10, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1005 By: Barrientos
A BILL TO BE ENTITLED
AN ACT
relating to a state agency that is not complying with the
requirement to make a good faith effort to increase the agency's use
of historically underutilized businesses in purchasing and public
works contracting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (d) and (f), Section 2161.123,
Government Code, are amended to read as follows:
(d) The commission and the state auditor shall cooperate to
develop procedures to periodically monitor state agency compliance
with this section. The state auditor shall report to the
commission, the Senate Finance Committee, and the House
Appropriations Committee a state agency that is not complying with
this section. In determining whether a state agency is making a
good faith effort to comply, the state auditor shall consider
whether the agency:
(1) has adopted rules under Section 2161.003;
(2) has used the commission's directory under Section
2161.064 and other resources to identify historically
underutilized businesses that are able and available to contract
with the agency;
(3) made good faith, timely efforts to contact
identified historically underutilized businesses regarding
contracting opportunities; and
(4) conducted its procurement program in accordance
with the good faith effort methodology set out in commission rules.
(f) If the state auditor reports under Subsection (d) [to
the commission] that a state agency is not complying with this
section:
(1) [,] the commission shall assist the agency in
complying;
(2) the agency shall, not later than the 21st day after
the date of the state auditor's report under Subsection (d), send to
the state auditor, the Legislative Audit Committee, the Senate
Finance Committee, and the House Appropriations Committee a letter
that:
(A) outlines the actions that the agency will
take to comply with the good faith effort requirements of this
section, including actions to comply with the procedures specified
under Subsection (d); and
(B) states the time by which the agency expects
to have accomplished each of the actions it will take; and
(3) the agency shall send written notification to the
state auditor, the Legislative Audit Committee, the Senate Finance
Committee, and the House Appropriations Committee when the agency
is in compliance with the good faith effort requirements of this
section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
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