| 1 | 1 | | 87R9188 SCL-D |
|---|
| 2 | 2 | | By: Capriglione H.B. No. 3674 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to purchase of personal protective equipment made in the |
|---|
| 8 | 8 | | United States by certain governmental entities. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 2252, Government Code, is amended by |
|---|
| 11 | 11 | | adding Subchapter H to read as follows: |
|---|
| 12 | 12 | | SUBCHAPTER H. PERSONAL PROTECTIVE EQUIPMENT CONTRACTS |
|---|
| 13 | 13 | | Sec. 2252.251. DEFINITIONS. In this subchapter: |
|---|
| 14 | 14 | | (1) "Governmental entity" means the Health and Human |
|---|
| 15 | 15 | | Services Commission, the Department of State Health Services, or a |
|---|
| 16 | 16 | | political subdivision as defined by Section 2252.201. |
|---|
| 17 | 17 | | (2) "Manufacturing process" means the application of a |
|---|
| 18 | 18 | | process to alter the form or function of materials or elements of a |
|---|
| 19 | 19 | | product in a manner that adds value and transforms the materials or |
|---|
| 20 | 20 | | elements into a new finished product. |
|---|
| 21 | 21 | | (3) "Personal protective equipment" means specialized |
|---|
| 22 | 22 | | clothing or equipment worn for protection against communicable and |
|---|
| 23 | 23 | | other infectious diseases. |
|---|
| 24 | 24 | | (4) "Produced in the United States" means a product |
|---|
| 25 | 25 | | for which all manufacturing processes occur in the United States. |
|---|
| 26 | 26 | | Sec. 2252.252. PERSONAL PROTECTIVE EQUIPMENT PURCHASING |
|---|
| 27 | 27 | | REQUIREMENTS. (a) Except as provided by Section 2252.253, a |
|---|
| 28 | 28 | | governmental entity purchasing personal protective equipment shall |
|---|
| 29 | 29 | | ensure the bid documents provided to all bidders and the contract |
|---|
| 30 | 30 | | include a requirement that the personal protective equipment be |
|---|
| 31 | 31 | | produced in the United States. |
|---|
| 32 | 32 | | (b) A governmental entity subject to the purchasing |
|---|
| 33 | 33 | | requirements described by Subsection (a) shall adopt rules to |
|---|
| 34 | 34 | | promote compliance with this section. |
|---|
| 35 | 35 | | Sec. 2252.253. EXEMPTIONS. Section 2252.252 does not apply |
|---|
| 36 | 36 | | to the purchase of personal protective equipment for which the |
|---|
| 37 | 37 | | governing body of the governmental entity responsible for the |
|---|
| 38 | 38 | | purchase determines that: |
|---|
| 39 | 39 | | (1) personal protective equipment produced in the |
|---|
| 40 | 40 | | United States is not: |
|---|
| 41 | 41 | | (A) produced in sufficient quantities; |
|---|
| 42 | 42 | | (B) reasonably available; or |
|---|
| 43 | 43 | | (C) of a satisfactory quality; |
|---|
| 44 | 44 | | (2) use of personal protective equipment produced in |
|---|
| 45 | 45 | | the United States will increase the total cost of the purchase by |
|---|
| 46 | 46 | | more than 20 percent; or |
|---|
| 47 | 47 | | (3) complying with that section is inconsistent with |
|---|
| 48 | 48 | | the public interest. |
|---|
| 49 | 49 | | Sec. 2252.254. CONFLICT OF LAW. To the extent of any |
|---|
| 50 | 50 | | conflict or inconsistency, this subchapter prevails over any other |
|---|
| 51 | 51 | | state law relating to the purchase of personal protective equipment |
|---|
| 52 | 52 | | that is directly funded by a governmental entity or financed by |
|---|
| 53 | 53 | | funds administered by a governmental entity. |
|---|
| 54 | 54 | | SECTION 2. Subchapter H, Chapter 2252, Government Code, as |
|---|
| 55 | 55 | | added by this Act, applies only to bid documents submitted or |
|---|
| 56 | 56 | | contracts entered into on or after the effective date of this Act. |
|---|
| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|