By: Pickett, Solomons (Senate Sponsor - West) H.B. No. 2521
(In the Senate - Received from the House April 29, 2009;
May 6, 2009, read first time and referred to Committee on Economic
Development; May 21, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 21, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2521 By: Watson
A BILL TO BE ENTITLED
AN ACT
relating to a preference in state purchasing for certain
media-related services offered by businesses based in Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2155.444, Government Code, is amended by
adding Subsections (f), (g), and (h) to read as follows:
(f) The comptroller and each state agency conducting an
advertising campaign that involves the creation or production of a
commercial shall give preference to a commercial production company
and advertising agency located in this state if:
(1) the services meet state requirements regarding the
service to be performed and regarding expected quality; and
(2) the cost of the service does not exceed the cost of
other similar services of similar expected quality that are offered
by a bidder that is not entitled to a preference under this
subsection.
(g) For purposes of Subsection (f), "commercial production
company" means a corporation, limited liability company,
partnership, or other private entity that includes as one of its
purposes the production of one or more television, film, radio, or
other media-related commercials.
(h) The Music, Film, Television, and Multimedia Office
within the office of the governor has exclusive rulemaking
authority for purposes of:
(1) determining whether an advertising campaign is
subject to the requirements of this section;
(2) establishing a bid process for purposes of the
services described by Subsection (f); and
(3) establishing criteria to determine whether a
commercial production company or advertising agency is located in
this state for the purposes of this section.
SECTION 2. The change in law made by this Act applies only
to a contract for which a state agency 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
first advertised or otherwise solicited bids, proposals, offers, or
qualifications before the effective date of this Act 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 3. This Act takes effect September 1, 2009.
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