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A BILL TO BE ENTITLED
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AN ACT
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relating to the preference given by state agencies to goods offered |
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by bidders in this state or manufactured, produced, or grown in this |
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state or in the United States. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2155.444(a), (b), and (c), Government |
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Code, are amended to read as follows: |
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(a) The comptroller [commission] and all state agencies |
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making purchases of goods, including agricultural products, shall |
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promote the purchase of and give preference to goods manufactured, |
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[those] produced, or grown in this state or offered by Texas bidders |
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as follows: |
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(1) goods manufactured, produced, or offered by a |
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Texas bidder that is owned by a service-disabled veteran who is a |
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Texas resident shall be given a first preference and goods |
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manufactured or produced in this state or offered by other Texas |
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bidders shall be given second preference, if the cost to the state |
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and quality are equal; and |
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(2) agricultural products grown in this state shall be |
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given first preference and agricultural products offered by Texas |
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bidders shall be given second preference, if the cost to the state |
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and quality are equal. |
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(b) If goods, including agricultural products, |
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manufactured, produced, or grown in this state or offered by Texas |
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bidders are not equal in cost and quality to other products, then |
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goods, including agricultural products, manufactured, produced, or |
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grown in other states of the United States shall be given preference |
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over foreign products if the cost to the state and quality are |
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equal. |
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(c) In this section: |
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(1) "Agricultural products" includes textiles and |
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other similar products. |
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(2) "Manufactured" means, with respect to a |
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manufactured good, an item produced as a result of a manufacturing |
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process that alters the form or function of components, including |
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articles, materials, or supplies, that are directly incorporated |
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into the item in a manner that adds value and transforms the |
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components into a finished item that is functionally distinct from |
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a finished item produced merely from assembling the components into |
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the item. |
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(3) [(1-a)] "Service-disabled veteran" means a person |
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who is a veteran as defined by 38 U.S.C. Section 101(2) and who has a |
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service-connected disability as defined by 38 U.S.C. Section |
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101(16). |
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(4) [(2)] "Texas bidder" means a business: |
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(A) incorporated in this state; |
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(B) that has its principal place of business in |
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this state; or |
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(C) that has an established physical presence in |
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this state. |
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SECTION 2. The change in law made by this Act applies only |
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to a contract for goods that is entered into on or after the |
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effective date of this Act. A contract entered into before the |
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effective date of this Act is governed by the law in effect on the |
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date the contract was entered into, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |