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