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