By Van de Putte S.B. No. 1366
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.