By: Callegari (Senate Sponsor - Lucio) H.B. No. 3395
         (In the Senate - Received from the House May 5, 2011;
  May 9, 2011, read first time and referred to Committee on
  Government Organization; May 19, 2011, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 5,
  Nays 0; May 19, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3395 By:  Lucio
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to state purchasing preferences for recycled products and
  to the efficient operation of certain telecommunications entities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2155.445(a), Government Code, is amended
  to read as follows:
         (a)  The commission and state agencies shall give preference
  to recycled, remanufactured, or environmentally sensitive
  products, as those terms are defined by rule of the commission, in
  purchases made under this subtitle if:
               (1)  the product meets state specifications regarding
  quantity and quality; and
               (2)  the average price of the product is not more than
  10 percent greater than the price of comparable nonrecycled
  products.
         SECTION 2.  Section 2155.446, Government Code, is amended to
  read as follows:
         Sec. 2155.446.  PURCHASE AND USE OF PAPER CONTAINING
  RECYCLED FIBERS. (a) Subject to Subsection (c), the [The]
  commission shall contract for paper containing the highest
  proportion of recycled fibers for all purposes for which paper with
  recycled fibers may be used and to the extent that the paper is
  available [at a reasonable price] through normal commercial sources
  to supply the state's needs.
         (b)  Subject to Subsection (c), a [A] state agency that
  purchases through the commission shall place orders for papers
  containing recycled fibers to the highest extent of its needs and to
  the extent that the paper is available through the commission's
  purchasing procedures.
         (c)  This section does not apply if the average price of
  paper with recycled fibers exceeds by more than 10 percent the price
  of comparable nonrecycled paper.
         SECTION 3.  Section 2170.005(a), Government Code, is amended
  to read as follows:
         (a)  To ensure efficient operation of the consolidated
  telecommunications system at minimum cost to the state, the
  department shall adopt and disseminate to all agencies appropriate
  guidelines and[,] operating procedures[,] and may publish
  telephone directories listed under Subchapter I, Chapter 55,
  Utilities Code, Sections 55.202 and 55.203 on a state Internet
  website.
         SECTION 4.  Subchapter I, Chapter 55, Utilities Code, is
  amended by adding Section 55.204 to read as follows:
         Sec. 55.204.  ELECTRONIC TELEPHONE DIRECTORY. (a)
  Notwithstanding any other law, a telecommunication provider or
  telecommunications utility to further the recycling goals, may
  publish on the provider's or the utility's Internet website a
  telephone directory or directory listing instead of providing for
  general distribution to the public of printed directories or
  listings.
         (b)  A provider or utility that publishes a telephone
  directory or directory listing as described by Subsection (a) shall
  provide a print or digital copy of the directory or listing to a
  customer on request. If a provider or utility exercises this
  option, it shall notify its customers that provider or utility
  shall provide the first print or digital copy requested by a
  customer in each calendar year at no charge to the customer.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
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