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BILL ANALYSIS

 

 

Senate Research Center                                                                                              C.S.H.B. 2521

81R34602 CLG-D                                                                              By: Pickett, Solomons (West)

                                                                                                                      Economic Development

                                                                                                                                            5/18/2009

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 2521 requires that state agencies show a preference for Texas production companies in the creation of their advertising.  This bill provides a definition of what constitutes a Texas production company.

 

C.S.H.B. 2521 amends current law relating to a preference in state purchasing for certain media-related services offered by businesses based in Texas.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Music, Film, Television, and Multimedia Office within the Office of the Governor in SECTION 1 (Section 2155.444, Government Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 2155.444, Government Code, by adding Subsections (f), (g), and (h), as follows:

 

(f)  Requires the comptroller of public accounts and each state agency conducting an advertising campaign that involves the creation or production of a commercial to give preference to a commercial production company and advertising agency located in this state if the services meet state requirements regarding the service to be performed and regarding expected quality, and the cost of the service does not exceed the cost of other similar services of similar expected quality that are offered by a bidder that is not entitled to a preference under this subsection.

 

(g)  Provides that for purposes of Subsection (f), "commercial production company" means a corporation, limited liability company, partnership, or other private entity that includes as one of its purposes the production of one or more television, film, radio, or other media-related commercials.

 

(h)  Provides that the Music, Film, Television, and Multimedia Office within the Office of the Governor has exclusive rulemaking authority for purposes of determining whether an advertising campaign is subject to the requirements of this section, establishing a bid process for purposes of the services described by Subsection (f), and establishing criteria to determine whether a commercial production company or advertising agency is located in this state for the purposes of this section.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date:  September 1, 2009.