| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to planning and administration of the state's historically |
|
|
underutilized business program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2161.002(c), Government Code, is amended |
|
|
to read as follows: |
|
|
(c) In adopting rules to administer this chapter, the |
|
|
commission shall adopt rules that are based on the results of the |
|
|
"State of Texas Disparity Study, A Report to the Texas Legislature |
|
|
in December of 2006 [as Mandated by H.B. 2626, 73rd Legislature,
|
|
|
December 1994]" (prepared by Mason Tillman Associates, Ltd. |
|
|
[National Economic Research Associates, Inc.]). The commission |
|
|
shall revise the rules in response to the findings of any updates of |
|
|
the study that are prepared on behalf of the state. |
|
|
SECTION 2. 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 3. This Act takes effect September 1, 2007. |