82R14113 MTB-D
 
  By: Miles H.B. No. 3356
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the state's historically underutilized business
  program, including the establishment of a contractor point system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 2161, Government Code, is
  amended by adding Section 2161.184 to read as follows:
         Sec. 2161.184.  POINT SYSTEM. (a) A state agency shall
  require a contractor to undertake the good faith efforts described
  by this section, to the extent required by the comptroller, on
  projects subject to this subchapter.
         (b)  The comptroller shall adopt rules establishing points
  to be awarded for taking each good faith effort and the minimum
  number of points required, depending on project size, cost, type,
  and other factors considered relevant by the comptroller. In
  establishing the point system, the comptroller may not require a
  contractor to earn more than 50 points, and the comptroller must
  assign each of the efforts listed in Subsections (c)(1) through
  (10) at least 10 points.  A state agency may require that additional
  good faith efforts be taken, as indicated in its bid
  specifications.
         (c)  For purposes of the system established under this
  section, good faith efforts include:
               (1)  contacting historically underutilized businesses
  that reasonably could have been expected to submit a quote and that
  were known to the contractor or available on state maintained lists
  at least 10 days before the date the bid or proposal is due and
  notifying the businesses of the nature and scope of the work to be
  performed;
               (2)  making the construction plans, specifications,
  and requirements available for review by historically
  underutilized businesses or providing those documents to the
  businesses at least 10 days before the date the bid or proposal is
  due;
               (3)  breaking down or combining elements of work into
  economically feasible units to facilitate historically
  underutilized business participation;
               (4)  working with trade, community, or contractor
  organizations for economically disadvantaged persons identified by
  the comptroller and included in the bid documents that provide
  assistance in recruitment of historically underutilized
  businesses;
               (5)  attending any pre-bid meetings scheduled by the
  state agency;
               (6)  providing assistance in obtaining a required bond
  or insurance or providing alternatives to bonding or insurance for
  subcontractors;
               (7)  negotiating in good faith with interested
  historically underutilized businesses and not rejecting a business
  as unqualified without sound reasons based on the business's
  capability and, if a historically underutilized business is
  rejected based on lack of qualifications, documenting the reasons
  in writing;
               (8)  providing assistance to an otherwise qualified
  historically underutilized business in securing needed equipment,
  loan capital, lines of credit, or joint pay agreements, including
  waiving credit that is ordinarily required, and assisting
  historically underutilized businesses in obtaining the same unit
  pricing with the bidder's suppliers in order to help historically
  underutilized businesses in establishing credit;
               (9)  negotiating joint venture and partnership
  arrangements with historically underutilized businesses in order
  to increase opportunities for historically underutilized business
  participation on a state construction or repair project when
  possible; and
               (10)  providing quick pay agreements and policies to
  enable historically underutilized business contractors and
  suppliers to meet cash flow demands.
         SECTION 2.  Section 2161.253, Government Code, is amended by
  adding Subsections (f) and (g) to read as follows:
         (f)  If evidence of a good faith effort to implement a
  historically underutilized business subcontracting plan required
  under Section 2161.252 includes notice to minority or women trade
  organizations or development centers to assist in identifying
  historically underutilized businesses, the notice must be provided
  at least 10 working days before the due date for submission of the
  response, including a bid, proposal, offer, or other applicable
  expression of interest.
         (g)  If evidence of a good faith effort to implement a
  historically underutilized business subcontracting plan required
  under Section 2161.252 includes notice to historically
  underutilized businesses that the contractor intends to
  subcontract under a contract, the contractor may not require
  historically underutilized businesses to respond to the notice
  before the 10th working day after the date the notice is provided.
         SECTION 3.  Section 2161.253, Government Code, as amended by
  this Act, applies only to a contract for which a state agency first
  advertises or otherwise solicits bids, proposals, offers, or
  qualifications, as applicable, on or after September 1, 2011.
         SECTION 4.  This Act takes effect September 1, 2011.