2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter H. Purchasing Preferences › Section 2155.444. Preference to Texas and United States Products and Texas Services

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.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 5.12, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1033, Sec. 1, 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 3.11, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1305 (H.B. 2521), Sec. 1, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 48, eff. September 1, 2019.