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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of historically underutilized businesses by |
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utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.251, Utilities Code, is amended to |
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read as follows: |
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Sec. 12.251. DEFINITION. In this subchapter, "historically |
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underutilized business" means an entity with its principal place of |
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business in this state that is: |
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(1) a corporation formed for the purpose of making a |
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profit in which 51 percent or more of all classes of the shares of |
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stock or other equitable securities is owned by one or more |
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economically disadvantaged persons who have a proportionate |
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interest and actively participate in the corporation's control, |
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operation, and management; |
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(2) a sole proprietorship created for the purpose of |
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making a profit that is completely owned, operated, and controlled |
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by an economically disadvantaged person; |
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(3) a partnership formed for the purpose of making a |
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profit in which 51 percent or more of the assets and interest in the |
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partnership is owned by one or more economically disadvantaged |
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persons who have a proportionate interest and actively participate |
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in the partnership's control, operation, and management; |
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(4) a joint venture in which each entity in the venture |
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is a historically underutilized business, as described by another |
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subdivision of this section; or |
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(5) a supplier contract between a historically |
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underutilized business as described by another subdivision of this |
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section and a prime contractor, under which contract the |
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historically underutilized business is directly involved in the |
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manufacture or distribution of the goods or otherwise warehouses |
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and ships the goods [has the meaning assigned by Section 481.101,
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Government Code]. |
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SECTION 2. This Act takes effect September 1, 2009. |