Texas 2015 - 84th Regular

Texas Senate Bill SB39 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2480 MCK-D
2	2	By: Zaffirini S.B. No. 39
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the preference given by state and local governmental
8	8	entities, including public institutions of higher education, to
9	9	agricultural products produced or grown in this state.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 44.042(a) and (b), Education Code, are
12	12	amended to read as follows:
13	13	(a) A school district that purchases agricultural products
14	14	shall give preference to those produced, processed, or grown in
15	15	this state if the cost to the school district is equal and the
16	16	quality is equal. A school district that purchases agricultural
17	17	products may give preference to those products produced, processed,
18	18	or grown in this state if the cost to the school district does not
19	19	exceed 107 percent of the cost of agricultural products produced or
20	20	grown outside of this state and the quality is equal.
21	21	(b) If agricultural products produced, processed, or grown
22	22	in this state are not given a preference under Subsection (a) [equal
23	23	in cost and quality to other products], the school district shall
24	24	give preference to agricultural products produced, processed, or
25	25	grown in other states of the United States over foreign products if
26	26	the cost to the school district is equal and the quality is equal.
27	27	SECTION 2. Section 51.941(a), Education Code, is amended to
28	28	read as follows:
29	29	(a) An institution of higher education that purchases
30	30	agricultural products shall give first preference to products
31	31	grown, produced, or processed in this state if the cost to the
32	32	institution and the quality of the products are equal to the cost
33	33	and quality of other available products. An institution of higher
34	34	education that purchases agricultural products may give preference
35	35	to those products produced, processed, or grown in this state if the
36	36	cost to the institution does not exceed 107 percent of the cost of
37	37	agricultural products produced or grown outside of this state and
38	38	the quality is equal.
39	39	SECTION 3. Sections 2155.444(a) and (b), Government Code,
40	40	are amended to read as follows:
41	41	(a) The commission and all state agencies making purchases
42	42	of goods, including agricultural products, shall give preference to
43	43	those produced or grown in this state or offered by Texas bidders as
44	44	follows:
45	45	(1) goods produced or offered by a Texas bidder that is
46	46	owned by a service-disabled veteran who is a Texas resident shall be
47	47	given a first preference and goods produced in this state or offered
48	48	by other Texas bidders shall be given second preference, if the cost
49	49	to the state and quality are equal; and
50	50	(2) agricultural products grown in this state shall be
51	51	given first preference if the cost to the state and quality are
52	52	equal, and may be given first preference if the cost to the state
53	53	does not exceed 107 percent of the cost of agricultural products
54	54	grown outside of this state and the quality is equal, and
55	55	agricultural products offered by Texas bidders shall be given
56	56	second preference, if the cost to the state and quality are equal.
57	57	(b) If goods, including agricultural products, produced or
58	58	grown in this state or offered by Texas bidders are not given
59	59	preference under Subsection (a) [equal in cost and quality to other
60	60	products], then goods, including agricultural products, produced
61	61	or grown in other states of the United States shall be given
62	62	preference over foreign products if the cost to the state and
63	63	quality are equal.
64	64	SECTION 4. Subchapter Z, Chapter 271, Local Government
65	65	Code, is amended by adding Section 271.909 to read as follows:
66	66	Sec. 271.909. PREFERENCE FOR TEXAS AGRICULTURAL PRODUCTS.
67	67	(a) In this section, "local governmental entity" means a
68	68	municipality, county, special-purpose district or authority, or
69	69	other political subdivision of this state. The term does not
70	70	include a school district.
71	71	(b) A local governmental entity that purchases agricultural
72	72	products shall give preference to those produced or grown in this
73	73	state if the cost to the local governmental entity is equal and the
74	74	quality is equal.
75	75	(c) A local governmental entity that purchases agricultural
76	76	products may give preference to those products produced or grown in
77	77	this state if the cost to the local governmental entity does not
78	78	exceed 107 percent of the cost of agricultural products produced or
79	79	grown outside of this state and the quality is equal.
80	80	SECTION 5. The changes in law made by this Act apply only to
81	81	a contract for which a state agency or local governmental entity
82	82	first advertises or otherwise solicits bids, proposals, offers, or
83	83	qualifications on or after the effective date of this Act. A
84	84	contract for which a state agency or local governmental entity
85	85	first advertised or otherwise solicited bids, proposals, offers, or
86	86	qualifications before that date is governed by the law in effect
87	87	when the first advertisement or solicitation was given, and the
88	88	former law is continued in effect for that purpose.
89	89	SECTION 6. This Act takes effect September 1, 2015.