1 | 1 | | 84R1104 YDB-D |
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2 | 2 | | By: Davis of Dallas H.B. No. 1006 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the preference given by state agencies to goods offered |
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8 | 8 | | by bidders in this state or manufactured, produced, or grown in this |
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9 | 9 | | state or in the United States. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Sections 2155.444(a), (b), and (c), Government |
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12 | 12 | | Code, are amended to read as follows: |
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13 | 13 | | (a) The comptroller [commission] and all state agencies |
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14 | 14 | | making purchases of goods, including agricultural products, shall |
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15 | 15 | | promote the purchase of and give preference to goods manufactured, |
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16 | 16 | | [those] produced, or grown in this state or offered by Texas bidders |
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17 | 17 | | as follows: |
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18 | 18 | | (1) goods manufactured, produced, or offered by a |
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19 | 19 | | Texas bidder that is owned by a service-disabled veteran who is a |
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20 | 20 | | Texas resident shall be given a first preference and goods |
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21 | 21 | | manufactured or produced in this state or offered by other Texas |
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22 | 22 | | bidders shall be given second preference, if the cost to the state |
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23 | 23 | | and quality are equal; and |
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24 | 24 | | (2) agricultural products grown in this state shall be |
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25 | 25 | | given first preference and agricultural products offered by Texas |
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26 | 26 | | bidders shall be given second preference, if the cost to the state |
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27 | 27 | | and quality are equal. |
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28 | 28 | | (b) If goods, including agricultural products, |
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29 | 29 | | manufactured, produced, or grown in this state or offered by Texas |
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30 | 30 | | bidders are not equal in cost and quality to other products, then |
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31 | 31 | | goods, including agricultural products, manufactured, produced, or |
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32 | 32 | | grown in other states of the United States shall be given preference |
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33 | 33 | | over foreign products if the cost to the state and quality are |
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34 | 34 | | equal. |
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35 | 35 | | (c) In this section: |
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36 | 36 | | (1) "Agricultural products" includes textiles and |
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37 | 37 | | other similar products. |
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38 | 38 | | (2) "Manufactured" means, with respect to a |
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39 | 39 | | manufactured good, an item produced as a result of a manufacturing |
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40 | 40 | | process that alters the form or function of components, including |
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41 | 41 | | articles, materials, or supplies, that are directly incorporated |
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42 | 42 | | into the item in a manner that adds value and transforms the |
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43 | 43 | | components, and that is functionally distinct from a finished item |
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44 | 44 | | produced merely from assembling the components into the item. |
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45 | 45 | | (3) [(1-a)] "Service-disabled veteran" means a |
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46 | 46 | | person who is a veteran as defined by 38 U.S.C. Section 101(2) and |
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47 | 47 | | who has a service-connected disability as defined by 38 U.S.C. |
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48 | 48 | | Section 101(16). |
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49 | 49 | | (4) [(2)] "Texas bidder" means a business: |
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50 | 50 | | (A) incorporated in this state; |
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51 | 51 | | (B) that has its principal place of business in |
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52 | 52 | | this state; or |
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53 | 53 | | (C) that has an established physical presence in |
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54 | 54 | | this state. |
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55 | 55 | | SECTION 2. The change in law made by this Act applies only |
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56 | 56 | | to a contract for goods that is entered into on or after the |
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57 | 57 | | effective date of this Act. A contract entered into before the |
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58 | 58 | | effective date of this Act is governed by the law in effect on the |
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59 | 59 | | date the contract was entered into, and the former law is continued |
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60 | 60 | | in effect for that purpose. |
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61 | 61 | | SECTION 3. This Act takes effect September 1, 2015. |
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