Title GV, Government Code

Sec. 2161.002. ADMINISTRATION; RULES. (a) To administer Subchapters B and C, the comptroller may: (1) require information from a state agency; and (2) adopt rules. (c) In adopting rules to administer this chapter, the comptroller shall adopt rules that are based on the results of…

Sec. 2161.003. AGENCY RULES. A state agency, including an institution of higher education, shall adopt the comptroller's rules under Section 2161.002 as the agency's or institution's own rules. Those rules apply to the agency's construction projects and purchases of goods and ser…

Sec. 2161.004. APPLICABILITY; INTENT. (a) This chapter and rules adopted by the comptroller under this chapter apply to state agency construction projects and purchases of goods and services that are paid for with appropriated money and made under the authority of this subtitle o…

Sec. 2161.005. TRANSFER OF FUNDS FOR PURCHASING. If the state auditor reports to the comptroller under Section 2161.123(d) that a state agency is not complying with Section 2161.123, the comptroller shall report that fact to the Legislative Budget Board. If the Legislative Budget…

Sec. 2161.061. CERTIFICATION OF HISTORICALLY UNDERUTILIZED BUSINESSES. (a) The comptroller shall certify historically underutilized businesses. (b) As one of its certification procedures, the comptroller may: (1) approve the certification program of one or more local governments …

Sec. 2161.062. ASSISTANCE TO HISTORICALLY UNDERUTILIZED BUSINESSES. (a) The comptroller shall seek the advice of the governor, legislature, and state agencies in identifying and developing opportunities for historically underutilized businesses. (b) The comptroller shall offer hi…

Sec. 2161.063. ASSISTING STATE AGENCIES. (a) The comptroller shall encourage state agencies to use historically underutilized businesses by: (1) working with state agencies to establish a statewide policy for increasing the use of historically underutilized businesses; (2) assist…

Sec. 2161.064. DIRECTORY. (a) The comptroller shall compile, in the most cost-efficient form, a directory of businesses certified as historically underutilized businesses under Section 2161.061. (b) The comptroller at least semiannually shall update the directory and provide acce…

Sec. 2161.065. MENTOR-PROTEGE PROGRAM. (a) The comptroller shall design a mentor-protege program to foster long-term relationships between prime contractors and historically underutilized businesses and to increase the ability of historically underutilized businesses to contract …

Sec. 2161.066. HISTORICALLY UNDERUTILIZED BUSINESS FORUMS. (a) The comptroller shall design a program of forums in which historically underutilized businesses are invited by state agencies to deliver technical and business presentations that demonstrate their capability to do bus…

Sec. 2161.121. REPORT OF CONTRACTS AWARDED TO HISTORICALLY UNDERUTILIZED BUSINESSES. (a) The comptroller shall prepare a consolidated report that: (1) includes the number and dollar amount of contracts awarded and paid to historically underutilized businesses certified by the com…

Sec. 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 its operating divisions of historically underutilized businesses, including infor…

Sec. 2161.123. STRATEGIC PLANNING. (a) Each state agency, including the comptroller, that is required to have a strategic plan under Chapter 2056 shall include in its strategic plan a written plan for increasing the agency's use of historically underutilized businesses in purchas…

Sec. 2161.124. STATE AGENCY PROGRESS REPORTS. (a) Each state agency, including the comptroller, shall prepare a report for each fiscal year documenting progress under its plan for increasing use of historically underutilized businesses. (b) The comptroller shall develop a standar…

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 e…

Sec. 2161.126. EDUCATION AND OUTREACH. Before October 15 of each year, the comptroller shall report to the governor, the lieutenant governor, and the speaker of the house of representatives on the education and training efforts that the comptroller has made toward historically un…

Sec. 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 that shows the extent to which the agency complied with this ch…

Sec. 2161.181. GOALS FOR PURCHASES OF GOODS AND SERVICES. A state agency, including the comptroller, shall make a good faith effort to increase the contract awards for the purchase of goods or services that the agency expects to make during a fiscal year to historically underutil…

Sec. 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 construction contract awards that the agency expects to make during a fiscal y…

Sec. 2161.183. ESTIMATE OF EXPECTED CONTRACT AWARDS. (a) Not later than the 60th day of its fiscal year, a state agency, including the comptroller: (1) shall estimate the total value of contract awards the agency expects to make for that fiscal year that are subject to Section 21…

Sec. 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 public works contract under this subtitle; and (2) knows the person is not a historically underutiliz…

Sec. 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 the acquisition of a good or service; and (2) contracts for or related to the construction of a publi…

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 a…

Sec. 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 contract that must be fulfilled, th…