HBA-DMD S.B. 690 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 690
By: Lucio
State Affairs
4/27/1999
Engrossed


BACKGROUND AND PURPOSE 

Under current Texas law, Texas public schools and universities are required
to give first preference to purchasing Texas and United States products.
S.B. 690 requires a school district or openenrollment charter school that
purchases goods to give preference to those processed, produced or grown in
this state, if the cost to the district or school and the quality are
equal. This bill requires the school district or open-enrollment charter
school to give preference to goods processed, produced or grown in other
states of the United States over foreign products, if the cost to the
school district or school and the quality are equal, if goods, including
agricultural products, processed, produced or grown in this state are not
equal in cost and quality to other products. It requires the Texas
Education Agency to conduct an analysis of purchases by school districts
and open-enrollment charter schools to determine the effectiveness of the
preferences and to report the analysis to the governor, lieutenant
governor, and speaker of the house of representatives. In addition, this
bill also requires the General Services Commission and all state agencies
making purchase of vegetation for landscaping purposes, to give preference
to Texas vegetation if the cost to the state is not greater and the quality
is not inferior. 

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 B, Chapter 44, Education Code, by adding
Section 44.042, as follows: 

Sec. 44.042. PREFERENCE TO TEXAS AND UNITED STATES PRODUCTS. (a) Requires a
school district or open-enrollment charter school that purchases goods,
including agricultural products, to give preference to those processed,
produced or grown in this state, if the cost to the district or school and
the quality are equal.  

(b) Requires the school district or open-enrollment charter school to give
preference to goods processed, produced or grown in other states of the
United States over foreign products, if the cost to the school district or
school and the quality are equal, if goods, including agricultural
products, processed, produced or grown in this state are not equal in cost
and quality to other products.  

(c) Requires a school district or open-enrollment charter school that
purchases vegetation for landscaping purposes, including plants, to give
preference to Texas vegetation if the cost to the school district or school
is not greater and the quality is not inferior.  

(d) Requires the Texas Education Agency (agency) to conduct an analysis of
purchases by school districts and open-enrollment charter schools to
determine the effectiveness of this section and to report the analysis to
the governor, lieutenant governor, and speaker of the house of
representatives no later than December 31 of each even-numbered year.  

(e) Authorizes a school district or open-enrollment charter school to
receive assistance from and use the resources of the Texas Department of
Agriculture, including information  on availability of agriculture
products, in the implementation of this section.  

(f) Prohibits a school district or open-enrollment charter school  from
adopting product purchasing specifications that unnecessarily exclude goods
produced, processed, or grown in this state.  

(g) Defines "agricultural products" and "processed" in this section.  

SECTION 2. Amends Section 2155.444, Government Code, to include processed
agricultural products among other types of products to which the General
Services Commission (commission) is required to give preference. Deletes
the definition of "agricultural products." Requires the commission and all
state agencies making purchase of vegetation for landscaping purposes, to
give preference to Texas vegetation, rather than Texas vegetation native to
the region, if the cost to the state is not greater and the quality is not
inferior. Requires the comptroller to conduct an analysis of purchases by
the commission and state agencies to determine the effectiveness of this
section and to report the analysis to the governor, lieutenant governor,
and speaker of the representatives no later than December 31 of each
even-numbered year. Authorizes a state agency to receive assistance from
and use the resources of the Texas Department of Agriculture, including
information on availability of agriculture products, in the implementation
of this section. Prohibits a state agency from adopting product purchasing
specifications that unnecessarily exclude goods produced, processed, or
grown in this state. Defines "agricultural product" and "processed" in this
section. Redesignates Subsection (d) as Subsection (c). Makes conforming
and nonsubstantive changes. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.