1-1 AN ACT
1-2 relating to preference to Texas and United States products in
1-3 purchasing by school districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 44, Education Code, is
1-6 amended by adding Section 44.042 to read as follows:
1-7 Sec. 44.042. PREFERENCE TO TEXAS AND UNITED STATES PRODUCTS.
1-8 (a) A school district that purchases agricultural products shall
1-9 give preference to those produced, processed, or grown in this
1-10 state if the cost to the school district is equal and the quality
1-11 is equal.
1-12 (b) If agricultural products produced, processed, or grown
1-13 in this state are not equal in cost and quality to other products,
1-14 the school district shall give preference to agricultural products
1-15 produced, processed, or grown in other states of the United States
1-16 over foreign products if the cost to the school district is equal
1-17 and the quality is equal.
1-18 (c) A school district that purchases vegetation for
1-19 landscaping purposes, including plants, shall give preference to
1-20 Texas vegetation if the cost to the school district is equal and
1-21 the quality is not inferior.
1-22 (d) The agency shall conduct an analysis of purchases by
1-23 school districts to determine the effectiveness of this section and
1-24 shall report the results of its analysis to the governor,
2-1 lieutenant governor, and speaker of the house of representatives
2-2 not later than December 31 of each even-numbered year.
2-3 (e) In the implementation of this section, a school district
2-4 may receive assistance from and use the resources of the Texas
2-5 Department of Agriculture, including information on availability of
2-6 agricultural products.
2-7 (f) A school district may not adopt product purchasing
2-8 specifications that unnecessarily exclude agricultural products
2-9 produced, processed, or grown in this state.
2-10 (g) In this section:
2-11 (1) "Agricultural products" includes textiles and
2-12 other similar products.
2-13 (2) "Processed" means canning, freezing, drying,
2-14 juicing, preserving, or any other act that changes the form of a
2-15 good from its natural state to another form.
2-16 SECTION 2. The Texas Education Agency shall conduct an
2-17 analysis of purchases by school districts to determine the
2-18 effectiveness of Section 44.042, Education Code, as added by this
2-19 Act, and shall report the results of its analysis to the governor,
2-20 lieutenant governor, and speaker of the house of representatives
2-21 not later than January 1, 2001.
2-22 SECTION 3. This Act takes effect September 1, 1999.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 597 was passed by the House on April
15, 1999, by the following vote: Yeas 132, Nays 12, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 597 on May 22, 1999, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 597 on May 29, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 597 was passed by the Senate, with
amendments, on May 20, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 597 on May 30, 1999, by
a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor