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.