By:  Lucio, Brown                                      S.B. No. 690
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to preference to Texas and United States products in
 1-2     purchasing by state agencies, school districts, and certain charter
 1-3     schools.
 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 or open-enrollment charter school that
 1-9     purchases goods, including agricultural products, shall give
1-10     preference to those processed, produced, or grown in this state if
1-11     the cost to the school district or school and the quality are
1-12     equal.
1-13           (b)  If goods, including agricultural products, processed,
1-14     produced, or grown in this state are not equal in cost and quality
1-15     to other products, the school district or open-enrollment charter
1-16     school shall give preference to goods processed, produced, or grown
1-17     in other states of the United States over foreign products if the
1-18     cost to the school district or school and the quality are equal.
1-19           (c)  A school district or open-enrollment charter school that
1-20     purchases vegetation for landscaping purposes, including plants,
1-21     shall give preference to Texas vegetation if the cost to the school
1-22     district or school is not greater and the quality is not inferior.
1-23           (d)  The agency shall conduct an analysis of purchases by
1-24     school districts and open-enrollment charter schools to determine
 2-1     the effectiveness of this section and shall report the analysis to
 2-2     the governor, lieutenant governor, and speaker of the house of
 2-3     representatives not later than December 31 of each even-numbered
 2-4     year.
 2-5           (e)  In the implementation of this section, a school district
 2-6     or open-enrollment charter school may receive assistance from and
 2-7     use the resources of the Texas Department of Agriculture, including
 2-8     information on availability of agricultural products.
 2-9           (f)  A school district or open-enrollment charter school may
2-10     not adopt product purchasing specifications that unnecessarily
2-11     exclude goods produced, processed, or grown in this state.
2-12           (g)  In this section:
2-13                 (1)  "Agricultural products" includes textiles and
2-14     other similar products.
2-15                 (2)  "Processed" means canning, freezing, drying,
2-16     juicing, preserving, or any other act that changes the form of a
2-17     good from its natural state to another form.
2-18           SECTION 2.  Section 2155.444, Government Code, is amended to
2-19     read as follows:
2-20           Sec. 2155.444.  PREFERENCE TO TEXAS AND UNITED STATES
2-21     PRODUCTS.  (a)  The commission and all state agencies making
2-22     purchases of goods, including agricultural products, shall give
2-23     preference to those processed, produced, or grown in this state or
2-24     offered by Texas bidders as follows:
2-25                 (1)  goods produced in this state or offered by Texas
2-26     bidders shall equally be given preference if the cost to the state
 3-1     and quality are equal; and
 3-2                 (2)  agricultural products processed or grown in this
 3-3     state shall be given first preference and agricultural products
 3-4     offered by Texas bidders shall be given second preference, if the
 3-5     cost to the state and quality are equal.
 3-6           (b)  If goods, including agricultural products, processed,
 3-7     produced, or grown in this state or offered by Texas bidders are
 3-8     not equal in cost and quality to other products, then goods,
 3-9     including agricultural products, processed, produced, or grown in
3-10     other states of the United States shall be given preference over
3-11     foreign products if the cost to the state and quality are equal.
3-12           (c)  [In this section, "agricultural products" includes
3-13     textiles and other similar products.]
3-14           [(d)]  The commission and all state agencies making purchase
3-15     of vegetation for landscaping purposes, including plants, shall
3-16     give preference to Texas vegetation [native to the region] if the
3-17     cost to the state is not greater and the quality is not inferior.
3-18           (d)  The comptroller shall conduct an analysis of purchases
3-19     by the commission and state agencies to determine the effectiveness
3-20     of this section and shall report the analysis to the governor,
3-21     lieutenant governor, and speaker of the house of representatives
3-22     not later than December 31 of each even-numbered year.
3-23           (e)  In the implementation of this section, a state agency
3-24     may receive assistance from and use the resources of the Texas
3-25     Department of Agriculture, including information on availability of
3-26     agricultural products.
 4-1           (f)  A state agency may not adopt product purchasing
 4-2     specifications that unnecessarily exclude goods produced,
 4-3     processed, or grown in this state.
 4-4           (g)  In this section:
 4-5                 (1)  "Agricultural products" includes textiles and
 4-6     other similar products.
 4-7                 (2)  "Processed" means canning, freezing, drying,
 4-8     juicing, preserving, or any other act that changes the form of a
 4-9     good from its natural state to another form.
4-10           SECTION 3.  This Act takes effect September 1, 1999.
4-11           SECTION 4.  The importance of this legislation and the
4-12     crowded condition of the calendars in both houses create an
4-13     emergency and an imperative public necessity that the
4-14     constitutional rule requiring bills to be read on three several
4-15     days in each house be suspended, and this rule is hereby suspended.