88R7451 SCP-D     By: González of Dallas H.B. No. 2182       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.