SB2416 - Relating to a preference against state resources being used to compete against private commercial sources.

  89R18872 TYPED     By: Hagenbuch S.B. No. 2416       A BILL TO BE ENTITLED   AN ACT   relating to a preference against state resources being used to   compete against private commercial sources.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Amend Sec. 2155.444, Government Code, by adding   new Subsection (i) as follows:          Sec. 2155.444.  PREFERENCE TO TEXAS AND UNITED STATES   PRODUCTS AND TEXAS SERVICES. (a) The comptroller and all state   agencies making purchases of goods, including agricultural   products, shall give preference to those produced or grown in this   state or offered by Texas bidders as follows:                (1)  goods produced or offered by a Texas bidder that is   owned by a service-disabled veteran who is a Texas resident shall be   given a first preference and goods produced in this state or offered   by other Texas bidders shall be given second preference, if the cost   to the state and quality are equal; and                (2)  agricultural products grown in this state shall be   given first preference and agricultural products offered by Texas   bidders shall be given second preference, if the cost to the state   and quality are equal.          (b)  If goods, including agricultural products, produced or   grown in this state or offered by Texas bidders are not equal in   cost and quality to other products, then goods, including   agricultural products, produced or grown in other states of the   United States shall be given preference over foreign products if   the cost to the state and quality are equal.          (c)  In this section:                (1)  "Agricultural products" includes textiles and   other similar products.                (1-a)  "Service-disabled veteran" means a person who is   a veteran as defined by 38 U.S.C. Section 101(2) and who has a   service-connected disability as defined by 38 U.S.C. Section   101(16).                (2)  "Texas bidder" means a business:                      (A)  incorporated in this state;                      (B)  that has its principal place of business in   this state; or                      (C)  that has an established physical presence in   this state.          (d)  The comptroller and all state agencies making purchase   of vegetation for landscaping purposes, including plants, shall   give preference to Texas vegetation native to the region if the cost   to the state is not greater and the quality is not inferior.          (e)  The comptroller and all state agencies procuring   services shall give first preference to services offered by a Texas   bidder that is owned by a service-disabled veteran who is a Texas   resident and shall give second preference to services offered by   other Texas bidders if:                (1)  the services meet state requirements regarding the   service to be performed and expected quality; and                (2)  the cost of the service does not exceed the cost of   other similar services of similar expected quality that are offered   by a bidder that is not entitled to a preference under this   subsection.          (f)  The comptroller and each state agency conducting an   advertising campaign that involves the creation or production of a   commercial shall give preference to a commercial production company   and advertising agency located in this state if:                (1)  the services meet state requirements regarding the   service to be performed and regarding expected quality; and                (2)  the cost of the service does not exceed the cost of   other similar services of similar expected quality that are offered   by a bidder that is not entitled to a preference under this   subsection.          (g)  For purposes of Subsection (f), "commercial production   company" means a corporation, limited liability company,   partnership, or other private entity that includes as one of its   purposes the production of one or more television, film, radio, or   other media-related commercials.          (h)  The Music, Film, Television, and Multimedia Office   within the office of the governor has exclusive rulemaking   authority for purposes of:                (1)  determining whether an advertising campaign is   subject to the requirements of this section;                (2)  establishing a bid process for purposes of the   services described by Subsection (f); and                (3)  establishing criteria to determine whether a   commercial production company or advertising agency is located in   this state for the purposes of this section.           (i)     The comptroller and all state agencies shall give   preference to goods and services produced by private commercial   sources rather than use state funds, unless specifically directed   by the legislature, to produce competing goods and services.          SECTION 2.  This Act takes effect September 1, 2025.