Amend CSSB 311 between Articles 14 and 15 (House committee
report, page 126, between lines 26 and 27), by adding the following
appropriately numbered SECTIONS and renumbering the subsequent
SECTIONS of the article accordingly:
      SECTION __. Section 2155.074(b), Government Code, is amended
to read as follows:
      (b)  In determining the best value for the state, the
purchase price, <and> whether the goods or services meet
specifications, and the vendor's anticipated economic impact on the
state, including sales, ad valorem tax revenue, franchise tax
revenue, and any gain or loss of jobs, are the most important
considerations.  However, the commission or other state agency may,
subject to Subsection (c) and Section 2155.075, consider other
relevant factors, including:
            (1)  installation costs;
            (2)  life cycle costs;
            (3)  the quality and reliability of the goods and
services;
            (4)  the delivery terms;
            (5)  indicators of probable vendor performance under
the contract such as past vendor performance, the vendor's
financial resources and ability to perform, the vendor's experience
or demonstrated capability and responsibility, and the vendor's
ability to provide reliable maintenance agreements and support;
            (6)  the cost of any employee training associated with
a purchase;
            (7)  the effect of a purchase on agency productivity;
and
            (8)  other factors relevant to determining the best
value for the state in the context of a particular purchase.
      SECTION ___. Subchapter H, Chapter 2155, Government Code, is
amended by adding Section 2155.4439 to read as follows:
      Sec. 2155.4439.  PREFERENCE TO TEXAS BIDDERS. (a)  The
commission and all state agencies procuring goods or services may
give preference to a Texas bidder.
      (b)  In the event of a conflict between this section and
Section 2252.002, this section controls.
      (c)  In this section, "Texas bidder" means a bidder whose
principal place of business is in this state, provided that a
permanently staffed, full-time office is maintained at the place of
business and provided that principal decision-makers of the bidder
conduct the daily affairs of the bidder at the place of business.
The mere presence of an employee or representative does not
establish a location as the principal place of business.
      SECTION ___. Section 466.105(a), Government Code, is amended
to read as follows:
      (a)  A contract for the acquisition or provision of
facilities, supplies, equipment, materials, or services related to
the operation of the lottery is not subject to:
            (1)  Chapter 2054 or 2254; or
            (2)  Subtitle D, Title 10, except that Sections
2155.074 and 2155.4439 apply to the contract.
      SECTION ___. Sections 2155.444(a) and (b), Government Code,
are amended to read as follows:
      (a)  Except as provided under Section 2155.4439, the <The>
commission and all state agencies making purchases of goods,
including agricultural products, shall give preference to those
produced or grown in this state or offered by Texas bidders as
follows:
            (1)  goods produced in this state or offered by Texas
bidders shall equally be given preference if the cost to the state
and quality are equal; and
            (2)  agricultural products grown in this state shall be
given first preference and agricultural products offered by Texas
bidders shall be given second preference, if the cost to the state
and quality are equal.
      (b)  Except as provided under Section 2155.4439, if <If>
goods, including agricultural products, produced or grown in this
state or offered by Texas bidders are not equal in cost and quality
to other products, then goods, including agricultural products,
produced or grown in other states of the United States shall be
given preference over foreign products if the cost to the state and
quality are equal.