H.B. No. 2521
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2521 was passed by the House on April
28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2521 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2521 on May 31, 2009, by the following vote: Yeas 143,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2521 was passed by the Senate, with
amendments, on May 25, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2521 on June 1, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor