By: Zaffirini S.B. No. 1107
 
  (M. Gonzalez of El Paso, Rodriguez of Travis)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the preference given by state and local governmental
  entities to agricultural products produced or grown in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (a) and (b), Section 44.042,
  Education Code, are amended to read as follows:
         (a)  A school district that purchases agricultural products
  shall give preference to those produced, processed, or grown in
  this state if the cost to the school district is equal and the
  quality is equal.  A school district that purchases agricultural
  products may give preference to products produced, processed, or
  grown in this state if the cost to the school district does not
  exceed 107 percent of the cost of agricultural products produced or
  grown outside of this state and the quality is equal.
         (b)  If agricultural products produced, processed, or grown
  in this state are not given a preference under Subsection (a) [equal
  in cost and quality to other products], the school district shall
  give preference to agricultural products produced, processed, or
  grown in other states of the United States over foreign products if
  the cost to the school district is equal and the quality is equal.
         SECTION 2.  Subsections (a) and (b), Section 2155.444,
  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 or grown in this state or offered by Texas bidders as
  follows:
               (1)  goods produced or offered by a Texas bidder that is
  owned by a service-disabled veteran who is a Texas resident shall be
  given a first preference and goods produced in this state or offered
  by other Texas bidders shall be given second preference, if the cost
  to the state and quality are equal; and
               (2)  agricultural products grown in this state shall be
  given first preference if the cost to the state and quality are
  equal, and may be given first preference if the cost to the state
  does not exceed 107 percent of the cost of agricultural products
  grown outside of this state and the quality is equal, 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 or
  grown in this state or offered by Texas bidders are not given
  preference under Subsection (a) [equal in cost and quality to other
  products], then goods, including agricultural products, produced
  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.
         SECTION 3.  Subchapter Z, Chapter 271, Local Government
  Code, is amended by adding Section 271.909 to read as follows:
         Sec. 271.909.  PREFERENCE FOR TEXAS AGRICULTURAL PRODUCTS.
  (a)  In this section, "local governmental entity" means a
  municipality, county, special-purpose district or authority, or
  other political subdivision of this state. The term does not
  include a school district.
         (b)  A local governmental entity that purchases agricultural
  products shall give preference to those produced or grown in this
  state if the cost to the local governmental entity is equal and the
  quality is equal.
         (c)  A local governmental entity that purchases agricultural
  products may give preference to those products produced or grown in
  this state if the cost to the local governmental entity does not
  exceed 107 percent of the cost of agricultural products produced or
  grown outside of this state and the quality is equal.
         SECTION 4.  The changes in law made by this Act apply only to
  a contract for which a state agency or local governmental entity
  first advertises or otherwise solicits bids, proposals, offers, or
  qualifications on or after the effective date of this Act. A
  contract for which a state agency or local governmental entity
  first advertised or otherwise solicited bids, proposals, offers, or
  qualifications before that date is governed by the law in effect
  when the first advertisement or solicitation was given, and the
  former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2013.