HBA-ALS, NIK H.B. 2649 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2649
By: Solis, Jim
State Affairs
3/31/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there are more than 600 Texas companies which remanufacture or
recycle printer toner cartridges; however, some original equipment
manufacturers have adopted policies which restrict the recycling and
remanufacturing of their products.  Approximately 30 percent of toner
cartridges on the market today are remanufactured.  The state of New York
recently adopted a law restricting state agencies from purchasing items
from vendors who place restrictions on remanufacturing or recycling. 
Iin Texas, there is no statutory provision restricting a state agency from
purchasing products from a vendor who restricts the ability of any of its
customers to allow the recycling or remanufacturing of the vendor's
product.   

H.B. 2649 requires a vendor who is offering to sell a product to the state
to certify in its bid or proposal that the vendor in no way restricts the
ability of a person to recycle or remanufacture its product.  This bill
also prohibits a state agency from acquiring any product from a vendor who
does not make such a certification in its bid or proposal to contract with
the agency.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 2155, Government Code, by adding
Section 2155.006, as follows: 

Sec. 2155.006.  RESTRICTIONS ON REMANUFACTURING OR RECYCLING.  (a) Requires
a vendor offering to sell a product to the state to certify on each bid,
proposal, or other applicable expression of interest submitted that neither
the vendor, the person represented by the vendor, nor a person acting for
the represented person  restricts by contract or by technical means, the
ability of any person to recycle or remanufacture or to allow the recycling
or remanufacturing of the product. 

(b) Prohibits a state agency from acquiring a product from a vendor if no
certification statement is made under this section.  

(c) Requires the attorney general to prepare the certification statement.
Requires the statement to be made a part of the form for a bid, proposal,
or other applicable expression of interest to contract with a state agency. 

(d) Provides that this section applies to the acquisition of any product by
a state agency, including an acquisition that is otherwise excepted from
the requirements of all or part of this chapter under Subchapter C or other
law. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.