By McClendon                                          H.B. No. 3597
         76R1803 JRD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to vendor attempts to restrict a state agency's right to
 1-3     allow the recycling or remanufacturing of the vendor's product.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 2155, Government Code, is
 1-6     amended by adding Section 2155.006 to read as follows:
 1-7           Sec. 2155.006.  RESTRICTIONS ON REMANUFACTURING OR RECYCLING
 1-8     PROHIBITED.  (a)  A state agency may not acquire a good or service
 1-9     if, as a contractual condition of the acquisition, the state agency
1-10     is restricted from recycling, remanufacturing, or allowing the
1-11     recycling or remanufacturing of an item acquired under the contract
1-12     or acquired under a related contract.
1-13           (b)  This section applies to the acquisition of any good or
1-14     service by a state agency, including an acquisition that is
1-15     otherwise excepted from the requirements of all or part of this
1-16     chapter under Subchapter C or other law.
1-17           SECTION 2.  Section 2155.006, Government Code, as added by
1-18     this Act, applies only to a good or service acquired by a state
1-19     agency on or after the effective date of this Act.
1-20           SECTION 3.  The importance of this legislation and the
1-21     crowded condition of the calendars in both houses create an
1-22     emergency and an imperative public necessity that the
1-23     constitutional rule requiring bills to be read on three several
1-24     days in each house be suspended, and this rule is hereby suspended,
 2-1     and that this Act take effect and be in force from and after its
 2-2     passage, and it is so enacted.