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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 and local governmental |
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entities to agricultural products produced or grown in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 44.042(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) A school district that purchases agricultural products |
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shall give preference to those produced, processed, or grown in |
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this state if the cost to the school district is equal and the |
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quality is equal. A school district that purchases agricultural |
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products may give preference to products produced, processed, or |
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grown in this state if the cost to the school district does not |
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exceed 107 percent of the cost of agricultural products produced, |
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processed, or grown outside of this state and the quality is equal. |
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(b) If agricultural products produced, processed, or grown |
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in this state are not given a preference under Subsection (a) [equal
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in cost and quality to other products], the school district shall |
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give preference to agricultural products produced, processed, or |
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grown in other states of the United States over foreign products if |
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the cost to the school district is equal and the quality is equal. |
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SECTION 2. Sections 2155.444(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) The commission and all state agencies making purchases |
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of goods, including agricultural products, shall give preference to |
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those produced or grown in this state or offered by Texas bidders as |
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follows: |
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(1) goods produced or offered by a Texas bidder that is |
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owned by a service-disabled veteran who is a Texas resident shall be |
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given a first preference and goods produced in this state or offered |
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by other Texas bidders shall be given second preference, if the cost |
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to the state 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 if the cost to the state and quality are |
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equal, and may be given first preference if the cost to the state |
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does not exceed 107 percent of the cost of agricultural products |
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grown outside of this state and the quality is equal, and |
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agricultural products offered by Texas bidders shall be given |
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second preference, if the cost to the state and quality are equal. |
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(b) If goods, including agricultural products, produced or |
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grown in this state or offered by Texas bidders are not given |
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preference under Subsection (a) [equal in cost and quality to other
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products], then goods, including agricultural products, produced |
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or grown in other states of the United States shall be given |
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preference over foreign products if the cost to the state and |
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quality are equal. |
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SECTION 3. Subchapter Z, Chapter 271, Local Government |
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Code, is amended by adding Section 271.909 to read as follows: |
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Sec. 271.909. PREFERENCE FOR TEXAS AGRICULTURAL PRODUCTS. |
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(a) In this section, "local governmental entity" means a |
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municipality, county, special-purpose district or authority, or |
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other political subdivision of this state. The term does not |
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include a school district. |
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(b) A local governmental entity that purchases agricultural |
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products shall give preference to those produced or grown in this |
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state if the cost to the local governmental entity is equal and the |
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quality is equal. |
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(c) A local governmental entity that purchases agricultural |
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products may give preference to those products produced or grown in |
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this state if the cost to the local governmental entity does not |
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exceed 107 percent of the cost of agricultural products produced or |
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grown outside of this state and the quality is equal. |
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SECTION 4. The changes in law made by this Act apply only to |
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a contract for which a state agency, school district, or local |
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governmental entity first advertises or otherwise solicits bids, |
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proposals, offers, or qualifications on or after the effective date |
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of this Act. A contract for which a state agency, school district, |
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or local governmental entity first advertised or otherwise |
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solicited bids, proposals, offers, or qualifications before that |
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date is governed by the law in effect when the first advertisement |
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or solicitation was given, and the former law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |