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A BILL TO BE ENTITLED
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AN ACT
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relating to purchase of personal protective equipment made in the |
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United States by certain governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2252, Government Code, is amended by |
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adding Subchapter H to read as follows: |
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SUBCHAPTER H. PERSONAL PROTECTIVE EQUIPMENT CONTRACTS |
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Sec. 2252.251. DEFINITIONS. In this subchapter: |
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(1) "Governmental entity" means the Health and Human |
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Services Commission, the Department of State Health Services, or a |
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political subdivision as defined by Section 2252.201. |
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(2) "Manufacturing process" means the application of a |
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process to alter the form or function of materials or elements of a |
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product in a manner that adds value and transforms the materials or |
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elements into a new finished product. |
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(3) "Personal protective equipment" means specialized |
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clothing or equipment worn for protection against communicable and |
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other infectious diseases. |
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(4) "Produced in the United States" means a product |
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for which all manufacturing processes occur in the United States. |
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Sec. 2252.252. PERSONAL PROTECTIVE EQUIPMENT PURCHASING |
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REQUIREMENTS. (a) Except as provided by Section 2252.253, a |
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governmental entity purchasing personal protective equipment shall |
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ensure the bid documents provided to all bidders and the contract |
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include a requirement that the personal protective equipment be |
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produced in the United States. |
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(b) A governmental entity subject to the purchasing |
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requirements described by Subsection (a) shall adopt rules to |
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promote compliance with this section. |
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Sec. 2252.253. EXEMPTIONS. Section 2252.252 does not apply |
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to the purchase of personal protective equipment for which the |
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governing body of the governmental entity responsible for the |
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purchase determines that: |
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(1) personal protective equipment produced in the |
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United States is not: |
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(A) produced in sufficient quantities; |
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(B) reasonably available; or |
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(C) of a satisfactory quality; |
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(2) use of personal protective equipment produced in |
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the United States will increase the total cost of the purchase by |
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more than 20 percent; or |
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(3) complying with that section is inconsistent with |
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the public interest. |
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Sec. 2252.254. CONFLICT OF LAW. To the extent of any |
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conflict or inconsistency, this subchapter prevails over any other |
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state law relating to the purchase of personal protective equipment |
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that is directly funded by a governmental entity or financed by |
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funds administered by a governmental entity. |
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SECTION 2. Subchapter H, Chapter 2252, Government Code, as |
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added by this Act, applies only to bid documents submitted or |
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contracts entered into on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |