H.B. No. 535
 
 
 
 
AN ACT
  relating to the preference given by state agencies to goods offered
  by bidders in this state or manufactured, produced, or grown in this
  state or in the United States.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 2155.444(a), (b), and (c), Government
  Code, are amended to read as follows:
         (a)  The comptroller [commission] and all state agencies
  making purchases of goods, including agricultural products, shall
  promote the purchase of and give preference to goods manufactured,
  [those] produced, or grown in this state or offered by Texas bidders
  as follows:
               (1)  goods manufactured, 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
  manufactured or 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,
  manufactured, 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, manufactured, 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.
               (2)  "Manufactured" means, with respect to a
  manufactured good, an item produced as a result of a manufacturing
  process that alters the form or function of components, including
  articles, materials, or supplies, that are directly incorporated
  into the item in a manner that adds value and transforms the
  components, and that is functionally distinct from a finished item
  produced merely from assembling the components into the item.
               (3)  [(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).
               (4) [(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.
         SECTION 2.  The change in law made by this Act applies only
  to a contract for goods that is entered into on or after the
  effective date of this Act. A contract entered into before the
  effective date of this Act is governed by the law in effect on the
  date the contract was entered into, and the former law is continued
  in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 535 was passed by the House on April
  23, 2013, by the following vote:  Yeas 146, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 535 on May 13, 2013, by the following vote:  Yeas 145, Nays 0, 1
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 535 was passed by the Senate, with
  amendments, on May 8, 2013, by the following vote:  Yeas 23, Nays 7.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor