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


Office of House Bill AnalysisH.B. 597
By: Flores
Public Education
2/26/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, state agencies are required by law to give preference to Texas
agricultural products during their food purchasing process, if the Texas
product is equal in cost and quality to those produced elsewhere.  Due to a
lack of enforcement, vagueness of current law, and variances in agriculture
products' packaging specifications, most school districts in Texas buy 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 and certain charter schools to give preference to
Texas-grown or processed products and imposes civil penalties for failure
to do so. 

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 goods produced or
grown in this state if the cost and quality are equal. 

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

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

(d)  Provides that "agricultural products" include textiles and other
similar products for the purpose of this section. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.