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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 10. GENERAL GOVERNMENT |
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Subtitle D. STATE PURCHASING AND GENERAL SERVICES |
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Chapter 2155. PURCHASING: GENERAL RULES AND PROCEDURES |
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Subchapter I. MULTIPLE AWARD CONTRACT SCHEDULE |
Sec. 2155.505. HISTORICALLY UNDERUTILIZED AND SMALL BUSINESSES
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(a) In this section:
(1) "Historically underutilized business" has the meaning assigned by Section 2161.001.
(2) "Small business" means a small business concern as defined by regulations of the United States Small Business Administration in 13 C.F.R. Section 121.201 or a veterans service agency.
(3) "Veterans service agency" means a community-based organization that:
(A) is exempt from taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described in Section 501(c)(3) of that code;
(B) has as its principal purpose to provide housing, substance abuse treatment, case management services, and employment training to low-income veterans, disabled veterans, and homeless veterans and their families; and
(C) employs veterans to provide at least 75 percent of the hours of direct labor by individuals required to produce goods or provide services required under a contract entered into under this section.
(b) The commission shall strongly encourage each vendor with a contract listed on a schedule developed under this subchapter and who is not a historically underutilized business or small business to use historically underutilized or small businesses to sell or provide a service under the contract. If a vendor does not make a good faith effort to use historically underutilized and small businesses under the contract, the commission may exclude the vendor from being listed on a schedule developed under this subchapter.
(c) A historically underutilized business or small business may sell or provide a service under another vendor's contract listed on a schedule developed under this subchapter if:
(1) the contract is on a schedule developed under Section 2155.502;
(2) the vendor for the contract authorizes in writing the historically underutilized business or small business to sell or provide a service under that contract; and
(3) the historically underutilized business or small business provides that written authorization to the commission.