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A BILL TO BE ENTITLED
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AN ACT
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relating to a preference against state resources being used to |
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compete against private commercial sources. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Amend Sec. 2155.444, Government Code, by adding |
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new Subsection (i) as follows: |
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Sec. 2155.444. PREFERENCE TO TEXAS AND UNITED STATES |
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PRODUCTS AND TEXAS SERVICES. (a) The comptroller and all state |
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agencies making purchases of goods, including agricultural |
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products, shall give preference to those produced or grown in this |
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state or offered by Texas bidders as 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 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, produced or |
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grown in this state or offered by Texas bidders are not equal in |
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cost and quality to other products, then goods, including |
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agricultural products, produced or grown in other states of the |
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United States shall be given preference over foreign products if |
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the cost to the state and quality are 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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(1-a) "Service-disabled veteran" means a person who is |
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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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(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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(d) The comptroller and all state agencies making purchase |
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of vegetation for landscaping purposes, including plants, shall |
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give preference to Texas vegetation native to the region if the cost |
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to the state is not greater and the quality is not inferior. |
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(e) The comptroller and all state agencies procuring |
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services shall give first preference to services offered by a Texas |
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bidder that is owned by a service-disabled veteran who is a Texas |
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resident and shall give second preference to services offered by |
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other Texas bidders if: |
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(1) the services meet state requirements regarding the |
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service to be performed and expected quality; and |
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(2) the cost of the service does not exceed the cost of |
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other similar services of similar expected quality that are offered |
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by a bidder that is not entitled to a preference under this |
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subsection. |
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(f) The comptroller and each state agency conducting an |
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advertising campaign that involves the creation or production of a |
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commercial shall give preference to a commercial production company |
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and advertising agency located in this state if: |
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(1) the services meet state requirements regarding the |
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service to be performed and regarding expected quality; and |
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(2) the cost of the service does not exceed the cost of |
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other similar services of similar expected quality that are offered |
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by a bidder that is not entitled to a preference under this |
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subsection. |
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(g) For purposes of Subsection (f), "commercial production |
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company" means a corporation, limited liability company, |
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partnership, or other private entity that includes as one of its |
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purposes the production of one or more television, film, radio, or |
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other media-related commercials. |
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(h) The Music, Film, Television, and Multimedia Office |
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within the office of the governor has exclusive rulemaking |
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authority for purposes of: |
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(1) determining whether an advertising campaign is |
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subject to the requirements of this section; |
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(2) establishing a bid process for purposes of the |
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services described by Subsection (f); and |
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(3) establishing criteria to determine whether a |
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commercial production company or advertising agency is located in |
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this state for the purposes of this section. |
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(i) The comptroller and all state agencies shall give |
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preference to goods and services produced by private commercial |
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sources rather than use state funds, unless specifically directed |
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by the legislature, to produce competing goods and services. |
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SECTION 2. This Act takes effect September 1, 2025. |