Texas Government Code Title 10, Chapter 2161 - Historically Underutilized Businesses

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 2161.001 - Definitions
  In this chapter: (1) "Goods" means supplies, materials, or equipment. (2) "Historically underutilized business" means an entity with its principal place of business in this...
• Texas Section 2161.0011 - Transfer Of Duties; Reference
  (a) The powers and duties of the commission under this chapter are transferred to the comptroller. (b) In this chapter, a reference to the commission...
• Texas Section 2161.0012 - Authority To Adopt Rules
  (a) The comptroller may adopt rules to efficiently and effectively administer this chapter. Before adopting a rule under this section, the comptroller must conduct a...
• Texas Section 2161.0015 - Determining Size Standards For Historically Underutilized Businesses
  The commission may establish size standards that a business may not exceed if it is to be considered a historically underutilized business under this chapter....
• Texas Section 2161.002 - Commission Administration; Comptroller Assistance
  (a) To administer Subchapters B and C, the commission may: (1) require information from a state agency; and (2) adopt rules. (b) Repealed by Acts...
• Texas Section 2161.003 - Agency Rules
  A state agency, including an institution of higher education, shall adopt the commission's rules under Section 2161.002 as the agency's or institution's own rules. Those...
• Texas Section 2161.004 - Applicability; Intent
  (a) This chapter and rules adopted by the commission under this chapter apply to state agency construction projects and purchases of goods and services that...

SUBCHAPTER B GENERAL POWERS AND DUTIES OF COMMISSION

• Texas Section 2161.005 - Transfer Of Funds For Purchasing
  If the state auditor reports to the commission under Section 2161.123(d) that a state agency is not complying with Section 2161.123, the commission shall report...
• Texas Section 2161.061 - Commission Certification Of Historically Underutilized Businesses
  (a) The commission shall certify historically underutilized businesses. (b) As one of its certification procedures, the commission may: (1) approve the certification program of one...
• Texas Section 2161.062 - Assistance To Historically Underutilized Businesses
  (a) The commission shall seek the advice of the governor, legislature, and state agencies in identifying and developing opportunities for historically underutilized businesses. (b) The...
• Texas Section 2161.063 - Assisting State Agencies
  (a) The commission shall encourage state agencies to use historically underutilized businesses by: (1) working with state agencies to establish a statewide policy for increasing...
• Texas Section 2161.064 - Directory
  (a) The commission shall compile, in the most cost-efficient form, a directory of businesses certified as historically underutilized businesses under Section 2161.061. (b) The commission...
• Texas Section 2161.065 - Mentor-protege Program
  (a) The commission shall design a mentor-protege program to foster long-term relationships between prime contractors and historically underutilized businesses and to increase the ability of...

SUBCHAPTER C PLANNING AND REPORTING REQUIREMENTS

• Texas Section 2161.066 - Historically Underutilized Business Forums
  (a) The commission shall design a program of forums in which historically underutilized businesses are invited by state agencies to deliver technical and business presentations...
• Texas Section 2161.121 - Commission Report Of Contracts Awarded To Historically Underutilized Businesses
  (a) The commission shall prepare a consolidated report that: (1) includes the number and dollar amount of contracts awarded and paid to historically underutilized businesses...
• Texas Section 2161.122 - Information Gathering By State Agency
  (a) To ensure accuracy in reporting, a state agency shall maintain and compile monthly information relating to the use by the agency and each of...
• Texas Section 2161.123 - Strategic Planning
  (a) Each state agency, including the commission, that is required to have a strategic plan under Chapter 2056 shall include in its strategic plan a...
• Texas Section 2161.124 - State Agency Progress Reports
  (a) Each state agency, including the commission, shall prepare a report for each fiscal year documenting progress under its plan for increasing use of historically...
• Texas Section 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...
• Texas Section 2161.126 - Education And Outreach By Commission
  Before October 15 of each year, the commission shall report to the governor, the lieutenant governor, and the speaker of the house of representatives on...

SUBCHAPTER D PURCHASING GOALS

• Texas Section 2161.127 - Legislative Appropriations Requests
  (a) Each state agency must include as part of its legislative appropriations request a detailed report for consideration by the budget committees of the legislature...
• Texas Section 2161.181 - Goals For Purchases Of Goods And Services
  A state agency, including the commission, shall make a good faith effort to increase the contract awards for the purchase of goods or services that...
• Texas Section 2161.182 - Goals For Construction Contracts
  (a) A state agency that contracts for a construction project, including a project under Section 2166.003, shall make a good faith effort to increase the...

SUBCHAPTER E PENALTY

• Texas Section 2161.183 - Estimate Of Expected Contract Awards
  (a) Not later than the 60th day of its fiscal year, a state agency, including the commission: (1) shall estimate the total value of contract...

SUBCHAPTER F SUBCONTRACTING

• Texas Section 2161.231 - Penalty
  (a) A person commits an offense if the person: (1) intentionally applies as a historically underutilized business for an award of a purchasing contract or...
• Texas Section 2161.251 - Applicability
  (a) This subchapter applies to all contracts entered into by a state agency with an expected value of $100,000 or more, including: (1) contracts for...
• Texas Section 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,...
• Texas Section 2161.253 - Good Faith Compliance With Business Subcontracting Plan
  (a) When a state agency requires a historically underutilized business subcontracting plan under Section 2161.252, the awarded contract shall contain, as a provision of the...

Last modified: September 28, 2016