By: Zaffirini S.B. No. 1107
(In the Senate - Filed March 5, 2013; March 12, 2013, read
first time and referred to Committee on Government Organization;
March 25, 2013, reported favorably by the following vote: Yeas 7,
Nays 0; March 25, 2013, sent to printer.)
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. Subsections (a) and (b), Section 44.042,
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. Subsections (a) and (b), Section 2155.444,
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 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 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 September 1, 2013.
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