HBA-GUM H.B. 3597 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3597
By: McClendon
State Affairs
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires the General Services Commission and other state
agencies to give preference to recycled products and materials.  However,
the law does not restrict a state agency from purchasing products from a
vendor which restricts its customers' ability to allow the recycling or
remanufacturing of the vendor's product.  H.B. 3597 clarifies the state's
intention to encourage recycling, by prohibiting a state agency from
acquiring a product or service if the agency is restricted from recycling,
remanufacturing, or allowing the recycling or remanufacturing of an item
acquired under the contract. 

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 PROHIBITED.
(a)  Prohibits a state agency from acquiring a good or service if, as a
contractual condition of the acquisition, the state agency is restricted
from recycling, remanufacturing, or allowing the recycling or
remanufacturing of an item acquired under the contract or a related
contract. 

(b)  Provides that this section applies to the acquisition of any good or
service by a state agency. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date: upon passage.