Texas Agriculture Code
Sec. § 12.028
Competitive Bidding or Advertising


(a)

The department may not adopt rules restricting competitive bidding or advertising by a person regulated by the department except to prohibit false, misleading, or deceptive practices by the person.

(b)

The department may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the department a rule that:

(1)

restricts the use of any medium for advertising;

(2)

restricts the persons personal appearance or use of the persons voice in an advertisement;

(3)

relates to the size or duration of an advertisement by the person; or

(4)

restricts the persons advertisement under a trade name.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 17, eff. Sept. 1, 1989.
Sec. 12.029. MINORITY AND FEMALE-OWNED BUSINESS CONTRACTS. (a) The department shall establish by rule policies to encourage minority and female-owned small businesses to bid for contract and open market purchases of the department and to assist those businesses in that bidding. The department shall review the policies periodically to correct any deficiencies in the policies.

(b)

The department annually shall determine the number, types, and value of contracts awarded to minority and female-owned small businesses in the year preceding the determination and the ratio of the number and the value of those contracts to the number and the value of all contracts awarded by the department in that year.

(c)

Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(2), eff. June 17, 2011.

(d)

In this section, "minority and female-owned small business" means a business enterprise:

(1)

that is independently owned and operated, that was formed for the purpose of making a profit, and that has fewer than 100 employees and less than $1 million in annual gross receipts; and

(2)

that is controlled by one or more socially and economically disadvantaged persons who own at least 51 percent of the business enterprise and are socially disadvantaged because of their identification as members of certain groups, including women, black Americans, Mexican Americans and other Americans of Hispanic origin, Asian Americans, and American Indians.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 18, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.79, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(2), eff. June 17, 2011.
Source
Last accessed
Oct. 23, 2019