SRC-PNG, ARR C.S.S.B. 690 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 690
76R10593 BDH-FBy: Lucio
Natural Resources
4/8/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law requires Texas public schools and universities to give
first preference to purchasing Texas and United States products. C.S.S.B.
690 would require the comptroller of public accounts to conduct an analysis
of purchases by schools and state agencies to determine the effectiveness
of this law, and would give preference in purchasing to United States
products over foreign products when Texas products are not available. 

PURPOSE

As proposed, C.S.S.B. 690 requires preference to Texas and U.S. products in
purchasing by state agencies, school districts, and certain charter
schools.  

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 44B, Education Code, by adding Section 44.042, as
follows: 

Sec. 44.042. PREFERENCE TO TEXAS AND UNITED STATES PRODUCTS. Requires a
school district or open-enrollment charter school that purchases goods,
including agricultural products, to give preference to those processed,
produced or grown in this state, if the cost to the district or school and
the quality are equal. Requires the school district or open-enrollment
charter school to give preference to goods processed, produced or grown in
other states of the United States over foreign products, if the cost to the
school district or school and the quality are equal, if goods, including
agricultural products, processed, produced or grown in this state are not
equal in cost and quality to other products. Requires a school district or
open enrollment charter school that purchases vegetation for landscaping
purposes, including plants, to give preference to Texas vegetation if the
cost to the school district or school is not greater and the quality is not
inferior. Requires the Texas Education Agency (agency) to conduct an
analysis of purchases by school districts and open-enrollment charter
schools to determine the effectiveness of this section and to report the
analysis to the governor, lieutenant governor, and speaker of the house of
representatives not later than December 31 of each even-numbered year.
Authorizes a school district or open-enrollment charter school to receive
assistance from and use the resources of the Texas Department of
Agriculture, including information on availability of agriculture products,
in the implementation of this section. Prohibits a school district or
open-enrollment charter school from adopting product purchasing
specifications that unnecessarily exclude goods produced, processed, or
grown in this state. Defines "agricultural product" and "processed." Makes
conforming changes.  

SECTION 2. Amends Section 2155.444, Government Code, to require the
comptroller to conduct an analysis of purchases by the General Services
Commission and state agencies to determine the effectiveness of this
section and to report the analysis to the governor, lieutenant governor,
and speaker of the representatives not later than December 31 of each
even-numbered year. Authorizes a state agency to receive assistance from
and use the resources of the Texas Department of Agriculture, including
information on availability of agriculture products, in the implementation
of  this section. Prohibits a state agency from adopting product purchasing
specifications that unnecessarily exclude goods produced, processed, or
grown in this state. Defines "agricultural product" and "processed." Makes
conforming changes. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.


SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 44.042, Education Code, to require certain schools to give
preference to agricultural products processed, produced, or grown in this
state. Requires the agency to conduct an analysis of purchases by certain
schools to determine the effectiveness of this section and to report the
analysis to the governor, lieutenant governor, and speaker of the house of
representatives not later than a certain date. Makes conforming changes. 

SECTION 2. 

Amends Section 2155.444, Government Code, to authorize a state agency to
receive assistance from and use the resources of the Texas Department of
Agriculture, including information on availability of agriculture products,
in the implementation of this section. Prohibits a state agency from
adopting product purchasing specifications that unnecessarily exclude goods
produced, processed, or grown in this state. Defines "agricultural product"
and "processed." Makes conforming changes.