Bill Text: TX HB535 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the preference given by state agencies to goods offered by bidders in this state or manufactured, produced, or grown in this state or in the United States.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Vetoed) 2013-05-25 - Vetoed by the Governor [HB535 Detail]

Download: Texas-2013-HB535-Enrolled.html

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H.B. No. 535

AN ACT
relating to the preference given by state agencies to goods offered
by bidders in this state or manufactured, produced, or grown in this
state or in the United States.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2155.444(a), (b), and (c), Government
Code, are amended to read as follows:
(a) The comptroller [commission] and all state agencies
making purchases of goods, including agricultural products, shall
promote the purchase of and give preference to goods manufactured,
[those] produced, or grown in this state or offered by Texas bidders
as follows:
(1) goods manufactured, 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
manufactured or 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 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,
manufactured, produced, or grown in this state or offered by Texas
bidders are not equal in cost and quality to other products, then
goods, including agricultural products, manufactured, 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.
(c) In this section:
(1) "Agricultural products" includes textiles and
other similar products.
(2) "Manufactured" means, with respect to a
manufactured good, an item produced as a result of a manufacturing
process that alters the form or function of components, including
articles, materials, or supplies, that are directly incorporated
into the item in a manner that adds value and transforms the
components, and that is functionally distinct from a finished item
produced merely from assembling the components into the item.
(3) [(1-a)] "Service-disabled veteran" means a
person who is a veteran as defined by 38 U.S.C. Section 101(2) and
who has a service-connected disability as defined by 38 U.S.C.
Section 101(16).
(4) [(2)] "Texas bidder" means a business:
(A) incorporated in this state;
(B) that has its principal place of business in
this state; or
(C) that has an established physical presence in
this state.
SECTION 2. The change in law made by this Act applies only
to a contract for goods that is entered into on or after the
effective date of this Act. A contract entered into before the
effective date of this Act is governed by the law in effect on the
date the contract was entered into, and the former law is continued
in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 535 was passed by the House on April
23, 2013, by the following vote: Yeas 146, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 535 on May 13, 2013, by the following vote: Yeas 145, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 535 was passed by the Senate, with
amendments, on May 8, 2013, by the following vote: Yeas 23, Nays 7.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor