AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
H.B. 194 amends current law relating to considering ownership interests of certain disabled veterans in determining whether a business is a historically underutilized business for purposes of state contracting and to promoting state contract awards to historically underutilized businesses based on that ownership.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the comptroller of public accounts of the State of Texas in SECTION 2 (Section 2161.002, Government Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 2161.001(3), Government Code, to redefine “economically disadvantaged person."
SECTION 2. Amends Section 2161.002, Government Code, by adding Subsection (d), as follows:
(d) Requires the comptroller of public accounts of the State of Texas (comptroller) to adopt rules to provide goals for increasing the contract awards for the purchase of goods or services by the Texas Facilities Commission and other state agencies to businesses that qualify as historically underutilized businesses because the businesses are owned or owned, operated, and controlled, as applicable, wholly or partly by one or more veterans as defined by 38 U.S.C. Section 101(2) who have a service-connected disability as defined by 38 U.S.C. Section 101(16). Provides that the goals established under this subsection are in addition to the goals established under Subsection (c) (relating to requiring TFC to adopt rules that are based on the results of the “State of Texas Disparity Study, A Report to the Texas Legislature as Mandated by H.B. 2626, 73rd Legislature, December 1994” (prepared by National Economic Research Associates, Inc.)) and the goals established under Subsection (c) are prohibited from being reduced as a result of the establishment of goals under this subsection.
SECTION 3. Amends Section 2161.125, Government Code, to require the comptroller, in cooperation with each state agency reporting under this subchapter, to categorize each historically underutilized business included in a report under this subchapter by sex, race, and ethnicity and by whether the business qualifies as a historically underutilized business because it is owned or owned, operated, and controlled, as applicable, wholly or partly by one or more veterans as defined by 38 U.S.C. Section 101(2) who have suffered at least a 20 percent service-connected disability as defined by 38 U.S.C. Section 101(16).
SECTION 4. Severability clause.
SECTION 5. Effective date: September 1, 2013.