| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the women who are eligible for certification as owners |
|
|
of a historically underutilized business. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2161.001(3), Government Code, is amended |
|
|
to read as follows: |
|
|
(3) "Economically disadvantaged person" means a |
|
|
person who: |
|
|
(A) is economically disadvantaged because of the |
|
|
person's identification as a member of a certain group, including: |
|
|
(i) Black Americans; |
|
|
(ii) Hispanic Americans; |
|
|
(iii) minority women; |
|
|
(iv) Asian Pacific Americans; |
|
|
(v) Native Americans; and |
|
|
(vi) 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); and |
|
|
(B) has suffered the effects of discriminatory |
|
|
practices or other similar insidious circumstances over which the |
|
|
person has no control. |
|
|
SECTION 2. Sections 2161.061(b), (d), and (e), Government |
|
|
Code, are amended to read as follows: |
|
|
(b) As one of its certification procedures, the comptroller |
|
|
may: |
|
|
(1) approve the certification program of one or more |
|
|
local governments or nonprofit organizations in this state that |
|
|
certify historically underutilized businesses, minority business |
|
|
enterprises, minority women's business enterprises, or |
|
|
disadvantaged business enterprises under substantially the same |
|
|
definition, to the extent applicable, used by Section 2161.001, if |
|
|
the local government or nonprofit organization meets or exceeds the |
|
|
standards established by the comptroller; and |
|
|
(2) certify a business that is certified by a local |
|
|
government or by a nonprofit organization as a historically |
|
|
underutilized business under this chapter. |
|
|
(d) A local government or a nonprofit organization that |
|
|
certifies historically underutilized businesses, minority business |
|
|
enterprises, minority women's business enterprises, or |
|
|
disadvantaged business enterprises as described in Subsections (b) |
|
|
and (c) shall complete the certification of an applicant or provide |
|
|
an applicant with written justification of its certification denial |
|
|
within the period established by the comptroller in its rules for |
|
|
certification activities. |
|
|
(e) A local government or a nonprofit organization that |
|
|
certifies historically underutilized businesses under Subsection |
|
|
(c) or that conducts a certification program described by and |
|
|
approved under Subsection (b) shall make available to the public an |
|
|
online searchable database containing information about |
|
|
historically underutilized businesses, minority business |
|
|
enterprises, minority women's business enterprises, and |
|
|
disadvantaged business enterprises certified by the local |
|
|
government or nonprofit organization, including: |
|
|
(1) the name of the business; |
|
|
(2) the contact person or owner of the business; |
|
|
(3) the address and telephone number of the business; |
|
|
(4) the type or category of business, including |
|
|
relevant capabilities of the business and the North American |
|
|
Industry Classification System codes for the business; and |
|
|
(5) the expiration date of the business's |
|
|
certification. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to the certification of a business as a historically underutilized |
|
|
business under Chapter 2161, Government Code, occurring on or after |
|
|
the effective date of this Act. The certification of a business as a |
|
|
historically underutilized business occurring before the effective |
|
|
date of this Act is governed by the law in effect on the date of the |
|
|
certification, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2021. |