By Puente                                             H.B. No. 3186
         77R7944 BDH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to preference to Texas bidders for certain state
 1-3     procurements.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter H, Chapter 2155, Government Code, is
 1-6     amended by adding Section 2155.4439 to read as follows:
 1-7           Sec. 2155.4439.  PREFERENCE TO TEXAS BIDDERS. (a)  The
 1-8     commission and all state agencies procuring goods or services shall
 1-9     give preference to a Texas bidder if:
1-10                 (1)  the contract for goods or services has a value
1-11     greater than $100,000; and
1-12                 (2)  the comptroller estimates that the tax revenue
1-13     generated by the contract and payable to the state during the
1-14     contract period will have a value of at least one million dollars.
1-15           (b)  For each contemplated procurement that will have a value
1-16     greater than $100,000, the procuring agency shall promptly inform
1-17     the comptroller of the contemplated procurement and the comptroller
1-18     shall complete a tax revenue analysis before the date on which the
1-19     bids or proposals, or the responses to a request for
1-20     qualifications, will be received by the commission or state agency.
1-21     The comptroller shall complete the requested analysis not later
1-22     than the 14th day after the date of receipt of all information
1-23     necessary to conduct the analysis.
1-24           (c)  In the event of a conflict between this section and
 2-1     Section 2252.002, this section controls.
 2-2           (d)  In this section, "Texas bidder" means a bidder whose
 2-3     principal place of business is in this state, provided that a
 2-4     permanently staffed, full-time office is maintained at the place of
 2-5     business.  The term includes a contractor whose ultimate parent
 2-6     company or majority owner has its principal place of business in
 2-7     this state.
 2-8           SECTION 2. Section 466.105(a), Government Code, is amended to
 2-9     read as follows:
2-10           (a)  A contract for the acquisition or provision of
2-11     facilities, supplies, equipment, materials, or services related to
2-12     the operation of the lottery is not subject to:
2-13                 (1)  Chapter 2054 or 2254; or
2-14                 (2)  Subtitle D, Title 10, except that Section
2-15     2155.4439 applies to the contract.
2-16           SECTION 3. Sections 2155.444(a) and (b), Government Code, are
2-17     amended to read as follows:
2-18           (a)  To the extent consistent with Section 2155.4439, the
2-19     [The] commission and all state agencies making purchases of goods,
2-20     including agricultural products, shall give preference to those
2-21     produced or grown in this state or offered by Texas bidders as
2-22     follows:
2-23                 (1)  goods produced in this state or offered by Texas
2-24     bidders shall equally be given preference if the cost to the state
2-25     and quality are equal; and
2-26                 (2)  agricultural products grown in this state shall be
2-27     given first preference and agricultural products offered by Texas
 3-1     bidders shall be given second preference, if the cost to the state
 3-2     and quality are equal.
 3-3           (b)  Except as provided by Section 2155.4439, if [If] goods,
 3-4     including agricultural products, produced or grown in this state or
 3-5     offered by Texas bidders are not equal in cost and quality to other
 3-6     products, then goods, including agricultural products, produced or
 3-7     grown in other states of the United States shall be given
 3-8     preference over foreign products if the cost to the state and
 3-9     quality are equal.
3-10           SECTION 4. This Act takes effect September 1, 2001.