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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of ownership interests of certain |
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persons in determining whether a business is a historically |
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underutilized business for purposes of state contracting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2161.001(3), Government Code, is amended |
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to read as follows: |
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(3) "Economically disadvantaged person" means a |
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person who: |
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(A) is economically disadvantaged because of the |
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person's identification as a member of a certain group, including: |
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(i) Black Americans; |
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(ii) Hispanic Americans; |
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(iii) women; |
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(iv) Asian Pacific Americans; |
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(v) Native Americans; [and] |
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(vi) veterans as defined by 38 U.S.C. |
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Section 101(2) who have suffered at least a 20 percent |
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service-connected disability as defined by 38 U.S.C. Section |
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101(16); |
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(vii) persons with a disability as defined |
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by 42 U.S.C. Section 12102; and |
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(viii) persons who identify as one or more |
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of the following sexual orientations or gender identities: |
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(a) gay; |
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(b) lesbian; |
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(c) bisexual; |
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(d) transgender; |
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(e) queer; |
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(f) intersex; or |
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(g) asexual; and |
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(B) has suffered the effects of discriminatory |
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practices or other similar insidious circumstances over which the |
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person has no control. |
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SECTION 2. Section 2161.002, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The comptroller shall adopt rules to provide goals for |
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increasing the contract awards for the purchase of goods or |
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services by the comptroller and other state agencies to businesses |
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that qualify as historically underutilized businesses because the |
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businesses are at least 51 percent owned or owned, operated, and |
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controlled, as required by Section 2161.001(2), by one or more |
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persons with a disability as defined by 42 U.S.C. Section 12102 or |
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one or more persons who identify as one or more of the sexual |
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orientations or gender identities described by Section |
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2161.001(3)(A)(viii). The goals established under this subsection |
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are in addition to the goals established under Subsections (c) and |
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(d), and the goals established under Subsections (c) and (d) may not |
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be reduced as a result of the establishment of goals under this |
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subsection. |
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SECTION 3. Section 2161.061, Government Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) To be certified by the comptroller as a historically |
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underutilized business, a business owned by one or more persons who |
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qualify as economically disadvantaged solely based on being a |
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person with a disability as defined by 42 U.S.C. Section 12102 must |
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submit to the comptroller an affidavit from a physician licensed to |
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practice medicine in this state for each owner claiming a |
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disability verifying that owner's disability. |
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SECTION 4. Section 2161.125, Government Code, is amended to |
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read as follows: |
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Sec. 2161.125. CATEGORIZATION OF HISTORICALLY |
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UNDERUTILIZED BUSINESSES. The comptroller, in cooperation with |
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each state agency reporting under this subchapter, shall categorize |
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each historically underutilized business included in a report under |
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this subchapter by sex, race, and ethnicity and by whether the |
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business qualifies as a historically underutilized business |
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because it is owned or owned, operated, and controlled, as |
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applicable, wholly or partly by one or more persons with a |
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disability as defined by 42 U.S.C. Section 12102, one or more |
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persons who identify as one or more of the sexual orientations or |
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gender identities described by Section 2161.001(3)(A)(viii), or |
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one or more veterans as defined by 38 U.S.C. Section 101(2) who have |
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suffered at least a 20 percent service-connected disability as |
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defined by 38 U.S.C. Section 101(16). |
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SECTION 5. This Act takes effect September 1, 2023. |