76R9671 BDH-D
By Flores, McReynolds H.B. No. 597
Substitute the following for H.B. No. 597:
By Oliveira C.S.H.B. No. 597
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to preference to Texas and United States products in
1-3 purchasing by school districts; providing a civil penalty.
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 CIVIL PENALTY. (a) A school district that purchases goods,
1-9 including agricultural products, shall give preference to those
1-10 produced, processed, or grown in this state if the cost to the
1-11 school district is equal and the quality is comparable.
1-12 (b) If goods, including agricultural products, produced,
1-13 processed, or grown in this state are not equal in cost and
1-14 comparable in quality to other products, the school district shall
1-15 give preference to goods produced, processed, or grown in other
1-16 states of the United States over foreign products if the cost to
1-17 the school district is equal and the quality is comparable.
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 comparable.
1-22 (d) A school district that violates this section or a rule
1-23 adopted under this section is liable for a civil penalty not to
1-24 exceed $5,000 in addition to any injunctive relief or other remedy
2-1 provided by law.
2-2 (e) The attorney general or a county or district attorney,
2-3 at the request of the commissioner, may bring a civil action to
2-4 collect a civil penalty under this section.
2-5 (f) A contract awarded in violation of this section is void.
2-6 (g) In the implementation of this section, a school district
2-7 may receive assistance from and use the resources of the Texas
2-8 Department of Agriculture, including information on availability of
2-9 agricultural products.
2-10 (h) A school district may not adopt product purchasing
2-11 specifications that unnecessarily exclude goods produced,
2-12 processed, or grown in this state.
2-13 (i) In this section:
2-14 (1) "Agricultural products" includes textiles and
2-15 other similar products.
2-16 (2) "Processed" means canning, freezing, drying,
2-17 juicing, preserving, or any other act that changes the form of a
2-18 good from its natural state to another form.
2-19 SECTION 2. The Texas Education Agency shall conduct an
2-20 analysis of purchases by school districts to determine the
2-21 effectiveness of Section 44.042, Education Code, as added by this
2-22 Act, and shall report the results of its analysis to the governor,
2-23 lieutenant governor, and speaker of the house of representatives
2-24 not later than January 1, 2001.
2-25 SECTION 3. This Act takes effect September 1, 1999.
2-26 SECTION 4. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.