Tex. Gov't Code Section 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.

Source: Section 2155.444 — Preference to Texas and United States Products and Texas Services, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­2155.­htm#2155.­444 (accessed Jun. 5, 2024).

2155.001
Definitions
2155.002
Focus on Large Expenditures
2155.003
Conflict of Interest
2155.004
Certain Bids and Contracts Prohibited
2155.005
Compliance with Antitrust Laws
2155.006
Prohibition on Certain Bids and Contracts
2155.007
Procurement Coordination Committee
2155.0011
Comptroller Powers and Duties
2155.0012
Authority to Adopt Rules
2155.0061
Prohibition on Certain Bids and Contracts Related to Persons Involved in Human Trafficking
2155.061
Comptroller Purchasing System
2155.062
Purchase Methods
2155.063
Competitive Bidding Requirement
2155.064
Schedule and Bulk Purchasing
2155.065
Contracts with Department of Criminal Justice
2155.066
Review of Specifications
2155.067
Proprietary Purchases
2155.068
Uniform Standards and Specifications
2155.069
Testing and Inspection
2155.070
Failure to Meet Specifications
2155.072
Statewide or Regional Services Contracts
2155.073
Participation by Small Businesses in State Purchasing
2155.074
Best Value Standard for Purchase of Goods or Services
2155.075
Requirement to Specify Value Factors in Request for Bids or Proposals
2155.076
Protest Procedures
2155.077
Barring Vendor from Participation in State Contracts
2155.079
Buying Under Contract Established by Agency Other than Comptroller
2155.080
Advisory Committee on Procurement
2155.081
Vendor Advisory Committee
2155.082
Providing Certain Purchasing Services on Fee-for-service Basis or Through Benefit Funding
2155.084
Purchases from Federal Government
2155.085
Reverse Auction Procedure
2155.088
Material Changes to Contracts
2155.089
Reporting Vendor Performance
2155.090
Vendor and Employee Interaction and Communication Policy
2155.091
Chief Procurement Officer: Powers and Duties
2155.131
Delegation of Authority to State Agencies
2155.132
Purchases Less than Specified Monetary Amount
2155.136
Purchase of Certain Medical Equipment by Medical or Dental Unit
2155.137
Emergency Purchases
2155.138
Exemption of Goods or Services of Blind or Visually Impaired Persons
2155.139
Exemption for Certain Libraries and Health Facilities
2155.140
Purchase from Gift or Grant Not Within Comptroller’s Purchasing Authority
2155.141
Purchases for Auxiliary Enterprise Not Within Comptroller’s Purchasing Authority
2155.143
Purchase of Care and Treatment Services by Texas Juvenile Justice Department
2155.144
Procurements by Health and Human Services Agencies
2155.145
Certain Purchases by Texas Commission on Environmental Quality
2155.146
Certain Purchases by Employees Retirement System of Texas
2155.147
Certain Purchases by General Land Office
2155.148
Certain Purchases for Texas Emergency Services Retirement System
2155.149
Certain Purchases by Veterans’ Land Board
2155.150
Certain Purchases by Railroad Commission of Texas
2155.202
Community Centers
2155.203
Purchases by Legislature and Legislative Agencies
2155.204
Local Government Purchasing Program
2155.205
Interstate Purchasing
2155.261
Applicability
2155.262
Uniform Registration Form
2155.263
Centralized Master Bidders List
2155.265
Access to Master Bidders List
2155.266
Registration and Renewal Fee
2155.267
Rules and Procedures Regarding Master Bidders List
2155.268
Use of State Agency Bidders List
2155.269
Waiver
2155.270
Agency Assistance with Bidders List Issues
2155.321
Definitions
2155.322
Inspection and Certification
2155.323
Audit of Financial Information
2155.324
Purchase Audit
2155.325
Purchase Audit After Issuance of Warrant
2155.326
Audit by State Auditor
2155.327
Interagency Purchases and Transactions
2155.381
Invoice
2155.382
Payment by Warrant
2155.383
Advance Payments to State or Federal Agency
2155.384
Authority to Pay Charges
2155.385
Credit Cards
2155.386
Prepayment for Library Materials by Institution of Higher Education
2155.387
Payment for Road Construction Materials Delivered by Vehicle Exceeding Weight Limits
2155.441
Preference for Products of Persons with Intellectual or Physical Disabilities
2155.442
Preference for Energy Efficient Products
2155.443
Preference for Rubberized Asphalt Paving
2155.444
Preference to Texas and United States Products and Texas Services
2155.445
Preference for Recycled, Remanufactured, or Environmentally Sensitive Products
2155.446
Purchase and Use of Paper Containing Recycled Fibers
2155.447
Purchase of Recycled Oil
2155.448
Expenditures for Recycled, Remanufactured, or Environmentally Sensitive Commodities or Services
2155.449
Preference to Products and Services from Economically Depressed or Blighted Area
2155.450
Preference for Products of Facilities on Formerly Contaminated Property
2155.451
Vendors that Meet or Exceed Air Quality Standards
2155.452
Preference for Contractors Providing Foods of Higher Nutritional Value
2155.453
Certain Contracts for Homeland Security or Law Enforcement Technology
2155.501
Definitions
2155.502
Development of Multiple Award Contract Schedule
2155.503
Rules
2155.504
Use of Schedule by Governmental Entities
2155.505
Historically Underutilized and Small Businesses
2155.506
Reporting Requirements
2155.508
Internet Availability
2155.510
Rebates
2155.0755
Verification of Use of Best Value Standard
2155.1441
Health Care Purchasing
2155.1442
Foster Care Residential Contract Management
2155.4441
Preference Under Service Contracts

Accessed:
Jun. 5, 2024

§ 2155.444’s source at texas​.gov