87R9188 SCL-D
By: Capriglione H.B. No. 3674
A BILL TO BE ENTITLED
AN ACT
relating to purchase of personal protective equipment made in the
United States by certain governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2252, Government Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. PERSONAL PROTECTIVE EQUIPMENT CONTRACTS
Sec. 2252.251. DEFINITIONS. In this subchapter:
(1) "Governmental entity" means the Health and Human
Services Commission, the Department of State Health Services, or a
political subdivision as defined by Section 2252.201.
(2) "Manufacturing process" means the application of a
process to alter the form or function of materials or elements of a
product in a manner that adds value and transforms the materials or
elements into a new finished product.
(3) "Personal protective equipment" means specialized
clothing or equipment worn for protection against communicable and
other infectious diseases.
(4) "Produced in the United States" means a product
for which all manufacturing processes occur in the United States.
Sec. 2252.252. PERSONAL PROTECTIVE EQUIPMENT PURCHASING
REQUIREMENTS. (a) Except as provided by Section 2252.253, a
governmental entity purchasing personal protective equipment shall
ensure the bid documents provided to all bidders and the contract
include a requirement that the personal protective equipment be
produced in the United States.
(b) A governmental entity subject to the purchasing
requirements described by Subsection (a) shall adopt rules to
promote compliance with this section.
Sec. 2252.253. EXEMPTIONS. Section 2252.252 does not apply
to the purchase of personal protective equipment for which the
governing body of the governmental entity responsible for the
purchase determines that:
(1) personal protective equipment produced in the
United States is not:
(A) produced in sufficient quantities;
(B) reasonably available; or
(C) of a satisfactory quality;
(2) use of personal protective equipment produced in
the United States will increase the total cost of the purchase by
more than 20 percent; or
(3) complying with that section is inconsistent with
the public interest.
Sec. 2252.254. CONFLICT OF LAW. To the extent of any
conflict or inconsistency, this subchapter prevails over any other
state law relating to the purchase of personal protective equipment
that is directly funded by a governmental entity or financed by
funds administered by a governmental entity.
SECTION 2. Subchapter H, Chapter 2252, Government Code, as
added by this Act, applies only to bid documents submitted or
contracts entered into on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.