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A BILL TO BE ENTITLED
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AN ACT
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relating to planning and administration of the state's historically |
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underutilized business program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2161.002(c), Government Code, is amended |
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to read as follows: |
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(c) In adopting rules to administer this chapter, the |
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commission shall adopt rules that are based on the results of the |
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disparity study commissioned by the commission and ["State of Texas
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Disparity Study, A Report to the Texas Legislature as Mandated by
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H.B. 2626, 73rd Legislature, December 1994"(] prepared by Mason |
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Tillman Associates, Ltd. [National Economic Research Associates,
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Inc.).] The commission shall revise the rules in response to the |
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findings of any updates of the study that are prepared on behalf of |
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the state. |
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SECTION 2. Sections 2161.123(d) and (e), Government Code, |
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are amended to read as follows: |
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(d) The commission and the state auditor shall cooperate to |
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develop procedures providing for random periodic monitoring of |
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state agency compliance with this section. The state auditor shall |
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report to the commission a state agency that is not complying with |
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this section. In determining whether a state agency is making a |
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good faith effort to comply, the state auditor shall consider |
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whether the agency: |
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(1) has adopted rules under Section 2161.003; |
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(2) has used the commission's directory under Section |
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2161.064 and other resources to identify historically |
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underutilized businesses that are able and available to contract |
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with the agency; |
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(3) made good faith, timely efforts to contact |
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identified historically underutilized businesses regarding |
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contracting opportunities; [and] |
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(4) conducted its procurement program in accordance |
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with the good faith effort methodology set out in commission rules; |
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and |
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(5) established goals for contracting with |
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historically underutilized businesses in each procurement category |
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based on: |
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(A) scheduled fiscal year expenditures; and |
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(B) the availability of historically |
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underutilized businesses in each category as determined by rules |
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adopted under Section 2161.002. |
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(e) In conducting an audit of an agency's compliance with |
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this section or an agency's making of a good faith effort to |
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implement the plan adopted under this section, the state auditor |
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shall [not] consider the success or failure of the agency to |
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contract with historically underutilized businesses in accordance |
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with the agency's goals described by Subsection (d)(5) [in any
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specific quantity. The state auditor's review shall be restricted
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to the agency's procedural compliance with Subsection (d)]. |
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SECTION 3. Section 2161.127, Government Code, is amended to |
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read as follows: |
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Sec. 2161.127. LEGISLATIVE APPROPRIATIONS REQUESTS. (a) |
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Each state agency must include as part of its legislative |
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appropriations request a detailed report for consideration by the |
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budget committees of the legislature that shows the extent to which |
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the agency complied with this chapter and rules of the commission |
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adopted under this chapter during the two calendar years preceding |
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the calendar year in which the request is submitted. To the extent |
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the state agency did not comply, the report must demonstrate the |
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reasons for that fact. The extent to which a state agency complies |
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with this chapter and rules of the commission adopted under this |
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chapter is considered a performance measure for purposes of the |
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appropriations process. |
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(b) The report under Subsection (a) must include: |
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(1) the agency's goals established under Section |
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2161.123(d)(5) for contracting with historically underutilized |
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businesses during the two calendar years preceding the calendar |
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year in which the request is submitted; |
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(2) a statement regarding whether the goals |
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established under Section 2161.123(d)(5) were met during the two |
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calendar years preceding the calendar year in which the request is |
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submitted; and |
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(3) if the goals established under Section |
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2161.123(d)(5) were not met during the two calendar years preceding |
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the calendar year in which the request is submitted: |
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(A) a statement of the percentage by which the |
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agency's actual use of historically underutilized businesses |
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deviated from the agency's goals; and |
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(B) an explanation of why the goals were not met. |
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SECTION 4. The Texas Building and Procurement Commission |
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shall commission a disparity study to be prepared by Mason Tillman |
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Associates, Ltd., and delivered to the commission not later than |
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October 1, 2007. |
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SECTION 5. Not later than January 1, 2008, the Texas |
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Building and Procurement Commission shall adopt rules under Section |
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2161.002(c), Government Code, as amended by this Act. |
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SECTION 6. This Act takes effect September 1, 2007. |