88R7451 SCP-D
 
  By: Eckhardt S.B. No. 877
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the consideration of ownership interests of certain
  persons in determining whether a business is a historically
  underutilized business for purposes of state contracting.
         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)  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);
                           (vii)  persons with a disability as defined
  by 42 U.S.C. Section 12102; and
                           (viii)  persons who identify as one or more
  of the following sexual orientations or gender identities:
                                 (a)  gay;
                                 (b)  lesbian;
                                 (c)  bisexual;
                                 (d)  transgender;
                                 (e)  queer;
                                 (f)  intersex; or
                                 (g)  asexual; and
                     (B)  has suffered the effects of discriminatory
  practices or other similar insidious circumstances over which the
  person has no control.
         SECTION 2.  Section 2161.002, Government Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The comptroller shall adopt rules to provide goals for
  increasing the contract awards for the purchase of goods or
  services by the comptroller and other state agencies to businesses
  that qualify as historically underutilized businesses because the
  businesses are at least 51 percent owned or owned, operated, and
  controlled, as required by Section 2161.001(2), by one or more
  persons with a disability as defined by 42 U.S.C. Section 12102 or
  one or more persons who identify as one or more of the sexual
  orientations or gender identities described by Section
  2161.001(3)(A)(viii). The goals established under this subsection
  are in addition to the goals established under Subsections (c) and
  (d), and the goals established under Subsections (c) and (d) may not
  be reduced as a result of the establishment of goals under this
  subsection.
         SECTION 3.  Section 2161.061, Government Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  To be certified by the comptroller as a historically
  underutilized business, a business owned by one or more persons who
  qualify as economically disadvantaged solely based on being a
  person with a disability as defined by 42 U.S.C. Section 12102 must
  submit to the comptroller an affidavit from a physician licensed to
  practice medicine in this state for each owner claiming a
  disability verifying that owner's disability.
         SECTION 4.  Section 2161.125, Government Code, is amended to
  read as follows:
         Sec. 2161.125.  CATEGORIZATION OF HISTORICALLY
  UNDERUTILIZED BUSINESSES. The comptroller, in cooperation with
  each state agency reporting under this subchapter, shall 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 persons with a
  disability as defined by 42 U.S.C. Section 12102, one or more
  persons who identify as one or more of the sexual orientations or
  gender identities described by Section 2161.001(3)(A)(viii), or
  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 5.  This Act takes effect September 1, 2023.