|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to considering ownership interests of disabled persons in |
|
determining whether a business is a historically underutilized |
|
business for purposes of state contracting. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 2161.001(3), Government Code, is amended |
|
to read as follows: |
|
(3) "Economically disadvantaged person" means a |
|
person who is economically disadvantaged because of the person's |
|
identification as a member of a certain group, including Black |
|
Americans, Hispanic Americans, women, Asian Pacific Americans, |
|
[and] Native Americans, and persons with a disability as defined by |
|
42 U.S.C. Section 12102, and who has suffered the effects of |
|
discriminatory practices or other similar insidious circumstances |
|
over which the person has no control. |
|
SECTION 2. Section 2161.0012, Government Code, is amended |
|
by adding Subsection (c) to read as follows: |
|
(c) The comptroller shall adopt rules relating to the |
|
requirements for disabled persons to qualify as economically |
|
disadvantaged persons under this chapter. |
|
SECTION 3. Section 2161.061, Government Code, is amended by |
|
adding Subsection (f) to read as follows: |
|
(f) The comptroller may not certify a business as a |
|
historically underutilized business on the basis of the business |
|
being owned by one or more economically disadvantaged persons who |
|
qualify as economically disadvantaged solely based on disability |
|
unless the business submits to the comptroller, for each owner of |
|
the business claiming to be an economically disadvantaged person on |
|
the basis of disability, an affidavit from the business owner's |
|
physician verifying the person's disability. |
|
SECTION 4. Section 2161.125, Government Code, is amended to |
|
read as follows: |
|
Sec. 2161.125. CATEGORIZATION OF HISTORICALLY |
|
UNDERUTILIZED BUSINESSES [BY SEX, RACE, AND ETHNICITY]. The |
|
comptroller, in cooperation with each state agency reporting under |
|
this subchapter, shall categorize each historically underutilized |
|
business included in a report under this subchapter by sex, race, |
|
[and] ethnicity, and disability. |
|
SECTION 5. This Act takes effect September 1, 2009. |