Texas Transportation Code - Section 284.007. Contracts For Historically Underutilized Businesses
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§ 284.007. CONTRACTS FOR HISTORICALLY UNDERUTILIZED
BUSINESSES. (a) A county with a population of more than 2.4
million operating under this chapter shall set and make a good faith
effort to meet or exceed goals for awarding contracts or
subcontracts associated with a project it operates, maintains, or
constructs to historically underutilized businesses.
(b) The goals must equal or exceed:
(1) the federal requirement on federal money used in
highway construction and maintenance; and
(2) the goals adopted by the department under Section
201.702.
(c) The goals apply to the total value of all contracts and
subcontracts awarded, including contracts and subcontracts for
construction, maintenance, operations, supplies, services,
materials, equipment, professional services, the issuance of
bonds, and bond counsel.
(d) In this section, "historically underutilized business"
means:
(1) a corporation formed for the purpose of making a
profit in which at least 51 percent of all classes of the shares of
stock or other equitable securities is owned, managed, and in daily
operations controlled by one or more persons who have been
historically underutilized because of their identification as
members of certain groups, including African Americans, Hispanic
Americans, women, Asian Pacific Americans, and Native Americans,
who have suffered the effects of discriminatory practices or
similar invidious circumstances over which they have no control;
(2) a sole proprietorship formed for the purpose of
making a profit that is 100 percent owned and in daily operations is
controlled by a person described by Subdivision (1);
(3) a partnership formed for the purpose of making a
profit in which at least 51 percent of the assets and interest in
the partnership is owned by one or more persons described by
Subdivision (1) who also have proportionate interest in the
control, daily operations, and management of the partnership's
affairs;
(4) a joint venture in which each entity in the joint
venture is a historically underutilized business; or
(5) a supplier contract between a historically
underutilized business and a prime contractor under which the
historically underutilized business is directly involved in the
manufacture or distribution of the supplies or materials or
otherwise warehouses and ships the supplies or materials.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
Section: 283.210 284.001 284.002 284.003 284.004 284.005 284.006 284.007 284.008 284.011 284.011 284.012 284.031 284.032 284.033
Last modified: August 10, 2007
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