1-1 By: Lucio, Brown S.B. No. 690
1-2 (In the Senate - Filed February 24, 1999; March 1, 1999, read
1-3 first time and referred to Committee on Education; March 22, 1999,
1-4 rereferred to Committee on Natural Resources; April 9, 1999,
1-5 reported adversely, with favorable Committee Substitute by the
1-6 following vote: Yeas 5, Nays 0; April 9, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 690 By: Lucio
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to preference to Texas and United States products in
1-11 purchasing by state agencies, school districts, and certain charter
1-12 schools.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subchapter B, Chapter 44, Education Code, is
1-15 amended by adding Section 44.042 to read as follows:
1-16 Sec. 44.042. PREFERENCE TO TEXAS AND UNITED STATES PRODUCTS.
1-17 (a) A school district or open-enrollment charter school that
1-18 purchases goods, including agricultural products, shall give
1-19 preference to those processed, produced, or grown in this state if
1-20 the cost to the school district or school and the quality are
1-21 equal.
1-22 (b) If goods, including agricultural products, processed,
1-23 produced, or grown in this state are not equal in cost and quality
1-24 to other products, the school district or open-enrollment charter
1-25 school shall give preference to goods processed, produced, or grown
1-26 in other states of the United States over foreign products if the
1-27 cost to the school district or school and the quality are equal.
1-28 (c) A school district or open-enrollment charter school that
1-29 purchases vegetation for landscaping purposes, including plants,
1-30 shall give preference to Texas vegetation if the cost to the school
1-31 district or school is not greater and the quality is not inferior.
1-32 (d) The agency shall conduct an analysis of purchases by
1-33 school districts and open-enrollment charter schools to determine
1-34 the effectiveness of this section and shall report the analysis to
1-35 the governor, lieutenant governor, and speaker of the house of
1-36 representatives not later than December 31 of each even-numbered
1-37 year.
1-38 (e) In the implementation of this section, a school district
1-39 or open-enrollment charter school may receive assistance from and
1-40 use the resources of the Texas Department of Agriculture, including
1-41 information on availability of agricultural products.
1-42 (f) A school district or open-enrollment charter school may
1-43 not adopt product purchasing specifications that unnecessarily
1-44 exclude goods produced, processed, or grown in this state.
1-45 (g) In this section:
1-46 (1) "Agricultural products" includes textiles and
1-47 other similar products.
1-48 (2) "Processed" means canning, freezing, drying,
1-49 juicing, preserving, or any other act that changes the form of a
1-50 good from its natural state to another form.
1-51 SECTION 2. Section 2155.444, Government Code, is amended to
1-52 read as follows:
1-53 Sec. 2155.444. PREFERENCE TO TEXAS AND UNITED STATES
1-54 PRODUCTS. (a) The commission and all state agencies making
1-55 purchases of goods, including agricultural products, shall give
1-56 preference to those processed, produced, or grown in this state or
1-57 offered by Texas bidders as follows:
1-58 (1) goods produced in this state or offered by Texas
1-59 bidders shall equally be given preference if the cost to the state
1-60 and quality are equal; and
1-61 (2) agricultural products processed or grown in this
1-62 state shall be given first preference and agricultural products
1-63 offered by Texas bidders shall be given second preference, if the
1-64 cost to the state and quality are equal.
2-1 (b) If goods, including agricultural products, processed,
2-2 produced, or grown in this state or offered by Texas bidders are
2-3 not equal in cost and quality to other products, then goods,
2-4 including agricultural products, processed, produced, or grown in
2-5 other states of the United States shall be given preference over
2-6 foreign products if the cost to the state and quality are equal.
2-7 (c) [In this section, "agricultural products" includes
2-8 textiles and other similar products.]
2-9 [(d)] The commission and all state agencies making purchase
2-10 of vegetation for landscaping purposes, including plants, shall
2-11 give preference to Texas vegetation [native to the region] if the
2-12 cost to the state is not greater and the quality is not inferior.
2-13 (d) The comptroller shall conduct an analysis of purchases
2-14 by the commission and state agencies to determine the effectiveness
2-15 of this section and shall report the analysis to the governor,
2-16 lieutenant governor, and speaker of the house of representatives
2-17 not later than December 31 of each even-numbered year.
2-18 (e) In the implementation of this section, a state agency
2-19 may receive assistance from and use the resources of the Texas
2-20 Department of Agriculture, including information on availability of
2-21 agricultural products.
2-22 (f) A state agency may not adopt product purchasing
2-23 specifications that unnecessarily exclude goods produced,
2-24 processed, or grown in this state.
2-25 (g) In this section:
2-26 (1) "Agricultural products" includes textiles and
2-27 other similar products.
2-28 (2) "Processed" means canning, freezing, drying,
2-29 juicing, preserving, or any other act that changes the form of a
2-30 good from its natural state to another form.
2-31 SECTION 3. This Act takes effect September 1, 1999.
2-32 SECTION 4. The importance of this legislation and the
2-33 crowded condition of the calendars in both houses create an
2-34 emergency and an imperative public necessity that the
2-35 constitutional rule requiring bills to be read on three several
2-36 days in each house be suspended, and this rule is hereby suspended.
2-37 * * * * *