HBA-MPM H.B. 597 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 597
By: Flores
Public Education
6/7/1999
Enrolled

BACKGROUND AND PURPOSE 

Prior to the 76th Legislative Session, state agencies were required by law
to give preference to Texas agricultural products during their food
purchasing process, if the Texas product was equal in cost and quality to
those produced elsewhere.  Due to a lack of enforcement, vagueness of
current law, and variances in agricultural products' packaging
specifications, most school districts in Texas bought only a small
percentage of Texas-grown or processed agricultural products.  An increase
in purchases by Texas bidders could mean additional dollars not only for
Texas farmers, but for the state's economy.  H.B. 597 requires school
districts to give preference to products produced, processed, or grown in
Texas if the cost to the districts is equal and the quality is equal.  This
bill also requires districts to give preference to Texas vegetation,
including plants, for landscaping purposes. 

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 (district) that purchases agricultural products
(products) to give preference to those produced, processed, or grown in
this state if the cost and quality are comparable. 

(b)  Requires a district, if products produced, processed, or grown in this
state are not equal in cost and quality,  to give preference to those
produced, processed, or grown in other states of the United States over
foreign products if the cost and quality are equal. 

(c)  Requires a district to give preference to Texas vegetation in
purchases of vegetation for landscaping purposes, including plants, if the
cost is equal and the quality is not inferior. 

(d) Requires the Texas Education  Agency (TEA) to conduct an analysis of
purchases by districts to determine the effectiveness of this section and
to report the analysis results 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 district to receive assistance from and use the resources
of the Texas Department of Agriculture, including information on
availability of agricultural products. 

(f) Prohibits a district from adopting purchasing specifications that
unnecessarily exclude agricultural products produced, processed, or grown
in this state. 

(g)  Defines "agricultural products" and "processed" for purposes of this
section. 

SECTION 2.  Requires TEA to conduct an analysis of purchases by districts
to determine the  effectiveness of this Act and to report the results to
the governor, lieutenant governor, and speaker of the house of
representatives no later than January 1, 2001. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.