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AN ACT
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relating to a preference in state purchasing for certain |
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media-related services offered by businesses based in Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2155.444, Government Code, is amended by |
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adding Subsections (f), (g), and (h) to read as follows: |
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(f) The comptroller and each state agency conducting an |
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advertising campaign that involves the creation or production of a |
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commercial shall give preference to a commercial production company |
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and advertising agency located in this state if: |
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(1) the services meet state requirements regarding the |
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service to be performed and regarding expected quality; and |
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(2) the cost of the service does not exceed the cost of |
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other similar services of similar expected quality that are offered |
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by a bidder that is not entitled to a preference under this |
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subsection. |
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(g) For purposes of Subsection (f), "commercial production |
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company" means a corporation, limited liability company, |
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partnership, or other private entity that includes as one of its |
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purposes the production of one or more television, film, radio, or |
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other media-related commercials. |
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(h) The Music, Film, Television, and Multimedia Office |
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within the office of the governor has exclusive rulemaking |
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authority for purposes of: |
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(1) determining whether an advertising campaign is |
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subject to the requirements of this section; |
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(2) establishing a bid process for purposes of the |
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services described by Subsection (f); and |
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(3) establishing criteria to determine whether a |
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commercial production company or advertising agency is located in |
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this state for the purposes of this section. |
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SECTION 2. The change in law made by this Act applies only |
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to a contract for which a state agency first advertises or otherwise |
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solicits bids, proposals, offers, or qualifications on or after the |
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effective date of this Act. A contract for which a state agency |
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first advertised or otherwise solicited bids, proposals, offers, or |
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qualifications before the effective date of this Act is governed by |
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the law in effect when the first advertisement or solicitation was |
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given, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2521 was passed by the House on April |
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28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2521 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2521 on May 31, 2009, by the following vote: Yeas 143, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2521 was passed by the Senate, with |
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amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2521 on June 1, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |