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.