SRC-ARR S.B. 513 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 513
76R6393 JRD-DBy: Carona
Natural Resources
2/25/1999
As Filed


DIGEST 

Currently, Texas law encourages recycling and waste reduction within state
agencies. Certain vendors and other suppliers of goods with which state
agencies engage in business  have instituted a business practice which
prohibits the recycling or remanufacturing of any of their products. S.B.
513 requires any vender offering to sell a product to the state to certify
that, as a result of current business practice, the vendor does not
restrict by contract or technical means the ability of any person to
recycle or remanufacture that product. 

PURPOSE

As proposed, S.B. 513 regulates state contracting with prospective vendors
who restrict the ability of any of their customers to allow the recycling
or remanufacturing of the vendors' product. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 2155A, Government Code, by adding Section
2155.006, as follows: 

Sec. 2155.006. RESTRICTIONS ON REMANUFACTURING OR RECYCLING. Requires a
vendor offering to sell a product to the state to certify on each bid or
proposal submitted that neither the vendor or any other person representing
the vendor, as a current business practice, restricts by contract or by
technical means the ability of any person to recycle or remanufacture or to
allow the recycling or remanufacturing of the product. Prohibits a state
agency from acquiring the product from the vendor if the vendor does not
make the certification required by this section.  Requires the attorney
general to prepare the certification statement.  Requires the statement to
be made a part of the form for a bid, proposal, or other applicable
expression of interest to contract with a state agency. Provides that this
section applies to the acquisition of any product by a state agency,
including an acquisition that is otherwise excepted from the requirements
of all or part of this chapter under Subchapter C or other law. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.