1 | 1 | | H.B. No. 2521 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to a preference in state purchasing for certain |
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6 | 6 | | media-related services offered by businesses based in Texas. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Section 2155.444, Government Code, is amended by |
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9 | 9 | | adding Subsections (f), (g), and (h) to read as follows: |
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10 | 10 | | (f) The comptroller and each state agency conducting an |
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11 | 11 | | advertising campaign that involves the creation or production of a |
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12 | 12 | | commercial shall give preference to a commercial production company |
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13 | 13 | | and advertising agency located in this state if: |
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14 | 14 | | (1) the services meet state requirements regarding the |
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15 | 15 | | service to be performed and regarding expected quality; and |
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16 | 16 | | (2) the cost of the service does not exceed the cost of |
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17 | 17 | | other similar services of similar expected quality that are offered |
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18 | 18 | | by a bidder that is not entitled to a preference under this |
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19 | 19 | | subsection. |
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20 | 20 | | (g) For purposes of Subsection (f), "commercial production |
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21 | 21 | | company" means a corporation, limited liability company, |
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22 | 22 | | partnership, or other private entity that includes as one of its |
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23 | 23 | | purposes the production of one or more television, film, radio, or |
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24 | 24 | | other media-related commercials. |
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25 | 25 | | (h) The Music, Film, Television, and Multimedia Office |
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26 | 26 | | within the office of the governor has exclusive rulemaking |
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27 | 27 | | authority for purposes of: |
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28 | 28 | | (1) determining whether an advertising campaign is |
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29 | 29 | | subject to the requirements of this section; |
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30 | 30 | | (2) establishing a bid process for purposes of the |
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31 | 31 | | services described by Subsection (f); and |
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32 | 32 | | (3) establishing criteria to determine whether a |
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33 | 33 | | commercial production company or advertising agency is located in |
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34 | 34 | | this state for the purposes of this section. |
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35 | 35 | | SECTION 2. The change in law made by this Act applies only |
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36 | 36 | | to a contract for which a state agency first advertises or otherwise |
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37 | 37 | | solicits bids, proposals, offers, or qualifications on or after the |
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38 | 38 | | effective date of this Act. A contract for which a state agency |
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39 | 39 | | first advertised or otherwise solicited bids, proposals, offers, or |
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40 | 40 | | qualifications before the effective date of this Act is governed by |
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41 | 41 | | the law in effect when the first advertisement or solicitation was |
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42 | 42 | | given, and the former law is continued in effect for that purpose. |
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43 | 43 | | SECTION 3. This Act takes effect September 1, 2009. |
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44 | 44 | | ______________________________ ______________________________ |
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45 | 45 | | President of the Senate Speaker of the House |
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46 | 46 | | I certify that H.B. No. 2521 was passed by the House on April |
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47 | 47 | | 28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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48 | 48 | | voting; that the House refused to concur in Senate amendments to |
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49 | 49 | | H.B. No. 2521 on May 29, 2009, and requested the appointment of a |
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50 | 50 | | conference committee to consider the differences between the two |
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51 | 51 | | houses; and that the House adopted the conference committee report |
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52 | 52 | | on H.B. No. 2521 on May 31, 2009, by the following vote: Yeas 143, |
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53 | 53 | | Nays 0, 1 present, not voting. |
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54 | 54 | | ______________________________ |
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55 | 55 | | Chief Clerk of the House |
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56 | 56 | | I certify that H.B. No. 2521 was passed by the Senate, with |
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57 | 57 | | amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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58 | 58 | | 0; at the request of the House, the Senate appointed a conference |
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59 | 59 | | committee to consider the differences between the two houses; and |
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60 | 60 | | that the Senate adopted the conference committee report on H.B. No. |
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61 | 61 | | 2521 on June 1, 2009, by the following vote: Yeas 31, Nays 0. |
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62 | 62 | | ______________________________ |
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63 | 63 | | Secretary of the Senate |
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64 | 64 | | APPROVED: __________________ |
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65 | 65 | | Date |
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66 | 66 | | __________________ |
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67 | 67 | | Governor |
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