| 1 | 1 | | 87R10846 CJC-F |
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| 2 | 2 | | By: Cain H.B. No. 1865 |
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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 encouraging economic development through preferences |
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| 8 | 8 | | for residents of this state and certain goods or services |
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| 9 | 9 | | manufactured in this state and offered for sale by Texas bidders. |
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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. This Act may be cited as the Texas Jobs Priority |
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| 12 | 12 | | Act. |
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| 13 | 13 | | SECTION 2. Subchapter H, Chapter 418, Government Code, is |
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| 14 | 14 | | amended by adding Section 418.196 to read as follows: |
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| 15 | 15 | | Sec. 418.196. PURCHASE OF CERTAIN PERSONAL PROTECTIVE |
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| 16 | 16 | | EQUIPMENT FOR DISASTER PURPOSES. (a) A state agency or an officer |
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| 17 | 17 | | of this state or a political subdivision of this state authorized to |
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| 18 | 18 | | deploy resources under this chapter in response to a disaster |
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| 19 | 19 | | shall, when purchasing personal protective equipment, give |
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| 20 | 20 | | preference to personal protective equipment manufactured in this |
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| 21 | 21 | | state and offered for sale by a bidder in this state. |
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| 22 | 22 | | (b) Subsection (a) does not apply to a purchase unless the |
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| 23 | 23 | | personal protective equipment manufactured in this state and |
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| 24 | 24 | | offered for sale by a bidder in this state is the same or |
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| 25 | 25 | | substantially similar in price and quality as personal protective |
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| 26 | 26 | | equipment manufactured in another state or offered for sale by a |
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| 27 | 27 | | bidder in another state. |
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| 28 | 28 | | (c) If personal protective equipment manufactured in this |
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| 29 | 29 | | state is offered for sale by more than one bidder in this state, the |
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| 30 | 30 | | state agency, officer, or political subdivision described by |
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| 31 | 31 | | Subsection (a) may consider the aggregate economic effect to the |
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| 32 | 32 | | state when determining which bid to accept. |
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| 33 | 33 | | SECTION 3. Section 271.9051, Local Government Code, is |
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| 34 | 34 | | amended by adding Subsection (e) to read as follows: |
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| 35 | 35 | | (e) Notwithstanding any other provision of this section, a |
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| 36 | 36 | | municipality may, when making a purchase of property or services |
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| 37 | 37 | | described by Subsection (b), enter into a contract with a bidder |
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| 38 | 38 | | whose principal place of business is located in this state |
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| 39 | 39 | | regardless of whether that bidder is the lowest bidder if the |
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| 40 | 40 | | governing body of the municipality determines the bidder offers the |
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| 41 | 41 | | municipality the best combination of contract price and additional |
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| 42 | 42 | | economic development opportunities for the municipality. |
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| 43 | 43 | | SECTION 4. Section 2301.151, Occupations Code, is amended |
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| 44 | 44 | | by adding Subsection (c) to read as follows: |
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| 45 | 45 | | (c) The board shall in exercising a power provided to it |
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| 46 | 46 | | under this chapter give preference and priority to residents of |
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| 47 | 47 | | this state, including laborers and vendors, and to manufacturers |
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| 48 | 48 | | located in this state except when it is not reasonably possible to |
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| 49 | 49 | | do so without added expense, substantial inconvenience, or |
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| 50 | 50 | | sacrifice in department efficiency. |
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| 51 | 51 | | SECTION 5. As soon as practicable after the effective date |
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| 52 | 52 | | of this Act, an agency, an official, or a political subdivision of |
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| 53 | 53 | | this state affected by this Act shall adopt rules and procedures as |
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| 54 | 54 | | necessary to carry out the provisions of this Act. |
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| 55 | 55 | | SECTION 6. This Act takes effect September 1, 2021. |
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