78R7903 AKH-F

By:  Laney                                                        H.B. No. 3032



A BILL TO BE ENTITLED

AN ACT

relating to purchasing preferences to Texas and United States 
products under certain state and local purchasing procedures.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 2155.444(a), (b), and (d), Government 
Code, are amended to read as follows:
	(a)  The commission and all state agencies making purchases 
of goods, including agricultural products, shall give preference to 
those produced, assembled, or grown in this state or offered by 
Texas bidders if [as follows]:
		(1)  the cost to the state for the Texas-related goods 
is not greater than 105 percent of the cost for the other goods; and
		(2)  the quality of the Texas-related goods is equal to 
the quality of the other goods
		[(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)  If goods, including agricultural products, produced, 
assembled, 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, assembled, 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.
	(d)  The commission and all state agencies making purchase of 
vegetation for landscaping purposes, including plants, shall give 
preference to Texas vegetation native to the region if:
		(1)  the cost to the state is not greater than 105 
percent of the cost for non-native vegetation; and
		(2)  the quality of the vegetation native to the region
is not inferior to the non-native vegetation.
	SECTION 2.  Chapter 271, Local Government Code, is amended 
by adding Subchapter I to read as follows:

SUBCHAPTER I.  PREFERENCE TO TEXAS AND UNITED STATES PRODUCTS
	Sec. 271.131.  DEFINITIONS.  In this subchapter:                        
		(1)  "Agricultural products" includes textiles and 
other similar products.
		(2)  "Goods" means supplies, materials, equipment, and 
agricultural products.
		(3)  "Local government" means a county, municipality, 
special district or authority, school district, junior college 
district, hospital district, or any other political subdivision of 
the state.
		(4)  "Produce" means process, manufacture, assemble, 
or construct.   
	Sec. 271.132.  PURCHASING PROCEDURES.  (a)  In making a 
purchase under this title, a local government making a purchase of 
goods shall give preference to those produced or grown in this state 
or offered by Texas bidders if:
		(1)  the cost to the local government for the 
Texas-related goods does not exceed 105 percent of the cost for the 
other goods; and
		(2)  the quality of the Texas-related goods is equal to 
the quality of the other goods.
	(b)  If goods produced or grown in this state or offered by 
Texas bidders are not equal in quality to other products, then goods 
produced or grown in other states of the United States shall be 
given preference over foreign products if the cost to the local 
government and quality are equal.
	SECTION 3.  This Act takes effect September 1, 2003, and 
applies only to a proposal, request, or bid submitted to a local 
government, state agency, or the Texas Building and Procurement 
Commission on or after that date.