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.