|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to historically underutilized businesses. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 2161.065(a), Government Code, is amended |
|
to read as follows: |
|
(a) The commission shall design a mentor-protege program to |
|
foster long-term relationships between prime contractors and |
|
historically underutilized businesses and to increase the ability |
|
of historically underutilized businesses to contract with the state |
|
or to receive subcontracts under a state contract. Each state |
|
agency with a biennial appropriation that exceeds $5 [$10] million |
|
shall implement the program designed by the commission. |
|
SECTION 2. Sections 2161.123(d) and (f), Government Code, |
|
are amended to read as follows: |
|
(d) The comptroller [commission] and the state auditor |
|
shall cooperate to develop procedures providing for random periodic |
|
monitoring of state agency compliance with this section. The state |
|
auditor shall report to the comptroller [commission] a state agency |
|
that is not complying with this section. In determining whether a |
|
state agency is making a good faith effort to comply, the state |
|
auditor shall consider whether the agency: |
|
(1) has adopted rules under Section 2161.003; |
|
(2) has used the comptroller's [commission's] |
|
directory under Section 2161.064 and other resources to identify |
|
historically underutilized businesses that are able and available |
|
to contract with the agency; |
|
(3) made good faith, timely efforts to contact |
|
identified historically underutilized businesses regarding |
|
contracting opportunities; |
|
(4) conducted its procurement program in accordance |
|
with the good faith effort methodology set out in comptroller |
|
[commission] rules; and |
|
(5) established goals for contracting with |
|
historically underutilized businesses in each procurement category |
|
based on: |
|
(A) scheduled fiscal year expenditures; [and] |
|
(B) the availability of historically |
|
underutilized businesses in each category as determined by rules |
|
adopted under Section 2161.002; and |
|
(C) an accurate representation of the number of |
|
historically underutilized businesses in each category. |
|
(f) If the state auditor reports to the comptroller |
|
[commission] that a state agency is not complying with this |
|
section, the comptroller [commission] shall assist the agency in |
|
complying with this section and shall prepare for inclusion with |
|
the agency's strategic plan a written plan for increasing the |
|
agency's use of historically underutilized businesses. |
|
SECTION 3. Section 2161.251(a), Government Code, is amended |
|
to read as follows: |
|
(a) This subchapter applies to all contracts entered into by |
|
a state agency with an expected value of $50,000 [$100,000] or more, |
|
including: |
|
(1) contracts for the acquisition of a good or |
|
service; and |
|
(2) contracts for or related to the construction of a |
|
public building, road, or other public work. |
|
SECTION 4. Section 2161.252(a), Government Code, is amended |
|
to read as follows: |
|
(a) Each state agency that considers entering into a |
|
contract with an expected value of $50,000 [$100,000] or more |
|
shall, before the agency solicits bids, proposals, offers, or other |
|
applicable expressions of interest for the contract, determine |
|
whether there will be subcontracting opportunities under the |
|
contract. If the state agency determines that there is that |
|
probability, the agency shall require that each bid, proposal, |
|
offer, or other applicable expression of interest for the contract |
|
include a historically underutilized business subcontracting plan. |
|
SECTION 5. The changes in law made by this Act apply only to |
|
a contract for goods or services that is entered into on or after |
|
the effective date of this Act. A contract entered into before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the contract was entered into, and the former law is continued |
|
in effect for that purpose. |
|
SECTION 6. This Act takes effect September 1, 2017. |