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A BILL TO BE ENTITLED
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AN ACT
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relating to historically underutilized businesses owned by |
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disabled veterans 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(2), Government Code, is amended |
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to read as follows: |
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(2) "Historically underutilized business" means an |
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entity with its principal place of business in this state that is: |
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(A) a corporation formed for the purpose of |
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making a profit in which 51 percent or more of all classes of the |
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shares of stock or other equitable securities are owned by one or |
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more persons who: |
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(i) are either: |
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(a) economically disadvantaged
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persons; or |
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(b) veterans as defined by 38 U.S.C. |
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Section 101(2) who have a service-connected disability as defined |
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by 38 U.S.C. Section 101(16); and |
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(ii) [who] have a proportionate interest and
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actively participate in the corporation's control, operation, and |
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management; |
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(B) a sole proprietorship created for the purpose |
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of making a profit that is completely owned, operated, and |
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controlled by an economically disadvantaged person or a veteran as |
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defined by 38 U.S.C. Section 101(2) who has a service-connected |
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disability as defined by 38 U.S.C. Section 101(16);
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(C) a partnership formed for the purpose of |
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making a profit in which 51 percent or more of the assets and |
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interest in the partnership are owned by one or more persons who: |
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(i) are either: |
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(a) economically disadvantaged
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persons; or |
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(b) veterans as defined by 38 U.S.C. |
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Section 101(2) who have a service-connected disability as defined |
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by 38 U.S.C. Section 101(16); and |
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(ii) [who] have a proportionate interest
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and actively participate in the partnership's control, operation, |
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and management; |
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(D) a joint venture in which each entity in the |
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venture is a historically underutilized business, as determined |
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under another paragraph of this subdivision; or |
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(E) a supplier contract between a historically |
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underutilized business as determined under another paragraph of |
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this subdivision and a prime contractor under which 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. |
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SECTION 2. This Act takes effect September 1, 2011. |