By: Davis H.B. No. 5273
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the certification of a historically underutilized
  business.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2161.252, Government Code, is amended as
  follows:
         Sec. 2161.252.  AGENCY DETERMINATION REGARDING
  SUBCONTRACTING OPPORTUNITIES; BUSINESS SUBCONTRACTING PLAN.  (a)  
  Each state agency that considers entering into a contract with an
  expected value of $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.
         (b)  The goal of each state agency historically
  underutilized business subcontracting plan must reflect at least
  the percentage of the ethnic population of the state.
         (c) [(b)]  When a state agency requires a historically
  underutilized business subcontracting plan under Subsection (a), a
  bid, proposal, offer, or other applicable expression of interest
  for the contract must contain a plan to be considered responsive.
         SECTION 3.  This Act takes effect September 1, 2023.