Amend CSHB 3560 (house committee printing) by adding the 
following appropriately numbered SECTIONS to the bill and 
renumbering existing SECTIONS appropriately:
	SECTION ____.  Section 2161.061, Government Code, is amended 
by adding Subsection (e) to read as follows:
	(e)  A local government or a nonprofit organization that 
certifies historically underutilized businesses under Subsection 
(c) or that conducts a certification program described by and 
approved under Subsection (b) shall make available to the public an 
online searchable database containing information about 
historically underutilized businesses, minority business 
enterprises, women's business enterprises, and disadvantaged 
business enterprises certified by the local government or nonprofit 
organization, including:
		(1)  the name of the business;                                         
		(2)  the contact person or owner of the business;                      
		(3)  the address and telephone number of the business;                 
		(4)  the type or category of business, including 
relevant capabilities of the business and the North American 
Industry Classification System codes for the business; and
		(5)  the expiration date of the business's 
certification.            
	SECTION ____.  Sections 2161.123(d) and (e), Government 
Code, are amended to read as follows:
	(d)  The commission and the state auditor shall cooperate to 
develop procedures providing for random periodic monitoring of 
state agency compliance with this section.  The state auditor shall 
report to the commission 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; 
and
		(5)  established goals for contracting with 
historically underutilized businesses in each procurement category 
based on:
			(A)  scheduled fiscal year expenditures; and                          
			(B)  the availability of historically 
underutilized businesses in each category as determined by rules 
adopted under Section 2161.002.
	(e)  In conducting an audit of an agency's compliance with 
this section or an agency's making of a good faith effort to 
implement the plan adopted under this section, the state auditor 
shall [not] consider the success or failure of the agency to 
contract with historically underutilized businesses in accordance 
with the agency's goals described by Subsection (d)(5) [in any 
specific quantity.  The state auditor's review shall be restricted 
to the agency's procedural compliance with Subsection (d)].
	SECTION ____.  Section 2161.127, Government Code, is amended 
to read as follows:
	Sec. 2161.127.  LEGISLATIVE APPROPRIATIONS REQUESTS.  (a)
Each state agency must include as part of its legislative 
appropriations request a detailed report for consideration by the 
budget committees of the legislature that shows the extent to which 
the agency complied with this chapter and rules of the commission 
adopted under this chapter during the two calendar years preceding 
the calendar year in which the request is submitted.  To the extent 
the state agency did not comply, the report must demonstrate the 
reasons for that fact.  The extent to which a state agency complies 
with this chapter and rules of the commission adopted under this 
chapter is considered a performance measure for purposes of the 
appropriations process.
	(b)  The report under Subsection (a) must include:                      
		(1)  the agency's goals established under Section 
2161.123(d)(5) for contracting with historically underutilized 
businesses during the two calendar years preceding the calendar 
year in which the request is submitted;
		(2)  a statement regarding whether the goals 
established under Section 2161.123(d)(5) were met during the two 
calendar years preceding the calendar year in which the request is 
submitted; and
		(3)  if the goals established under Section 
2161.123(d)(5) were not met during the two calendar years preceding 
the calendar year in which the request is submitted:
			(A)  a statement of the percentage by which the 
agency's actual use of historically underutilized businesses 
deviated from the agency's goals; and
			(B)  an explanation of why the goals were not met.