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RULE §20.135State Agency Procurements of Recycled, Remanufactured or Environmentally Sensitive Commodities or Services

(a) The Texas Building and Procurement Commission (TBPC) may designate as "First Choice" certain recycled, remanufactured or environmentally sensitive commodities or services.

(b) First Choice items are designated recycled, remanufactured, and environmentally sensitive commodities or services that state agencies shall give a preference for when purchasing. These items include, but are not limited to:

  (1) re-refined oils and lubricants;

  (2) recycled content toilet paper;

  (3) recycled content toilet seat covers and paper towels;

  (4) recycled content printing, computer and copier paper, and business envelopes;

  (5) recycled content plastic trash bags;

  (6) recycled content plastic covered binders;

  (7) recycled content recycling containers; and

  (8) Energy Star labeled photocopiers.

(c) Commodities or services that are designated as First Choice items will be reflected in the State Procurement Manual. The State Procurement Manual will be revised as new commodities or services are designated as First Choice items.

(d) A state agency that intends to purchase a commodity or service that accomplishes the same purpose as a commodity or service identified in Texas Government Code 2155.448(a) that does not meet the definition of a recycled product or that is not remanufactured or environmentally sensitive shall include with the procurement file a written justification signed by the executive head of the agency stating the reasons for the determination that the commodity or service identified by the TBPC will not meet the requirements of the agency.

(e) Reports. In accordance with Texas Government Code §2155.448(c), not later than January 1 of each year, each state agency, excluding institutions of higher education, must deliver a report of total expenditures for purchases of goods and services that have recycled material content that are remanufactured or environmentally sensitive. These reports shall be made to the TBPC at https://portal.tbpc.state.tx.us/. Texas multiple-award schedule (TXMAS) recycled, remanufactured or environmentally sensitive contract purchases may be added to this report.

Source Note: The provisions of this §20.135 adopted to be effective May 14, 2006, 31 TexReg 3667; transferred effective September 1, 2007, as published in the Texas Register July 6, 2007, 32 TexReg 4237

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