Bill Text: TX HB39 | 2013 | 83rd Legislature 1st Special Session | Introduced

Texas House Bill 39 (Prior Session Legislation)

Introduced

Bill Title: Relating to the preference given by state and local governmental entities to agricultural products produced or grown in this state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-06-05 - Filed [HB39 Detail]

Download: Texas-2013-HB39-Introduced.html

	83S10157 MCK-D

	By: Rodriguez of Travis	H.B. No. 39



	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. Sections 44.042(a) and (b), 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. Sections 2155.444(a) and (b), 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, school district, 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, school district,
	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 October 1, 2013.