Buy American, Then Hide the Waivers? Texas HB 949

Texas pays for the roads.

Texas pays for the water plants and the bridges.

A new East Texas bill says the steel, concrete and lumber in them should be made in America. Then it hides the exceptions.

Plain English summary

On November 9, 2026, Rep. Jay Dean filed House Bill 949, a "Buy American" rule for public construction in Texas. FACT (HB 949 history)

Dean represents House District 7: Gregg, Harrison and Marion counties. His district office is in Longview. FACT (Texas House member page)

Here is what the bill does. FACT (HB 949 introduced text)

• State agencies, counties, cities, and water and utility districts are covered.
• On any public project with an estimated contract of $1 million or more, the bid papers and the contract must require construction materials produced in the United States.
• On smaller projects, the local government may require it but does not have to.
• "Construction materials" means iron, steel, manufactured products, concrete, cement, aggregates, glass, lumber, drywall, copper, aluminum, asphalt, plastics and fiber optic cable that go permanently into the project.
• Iron and steel count only if every step, from melting to coating, happened in the United States. A manufactured product counts if it was made here and more than 55 percent of its component cost is American.
• State agencies using the rule must also follow the existing Texas preference law in Section 2155.444. Local governments may.
• It covers roads, bridges, water and wastewater, flood control, public buildings, rail, ports, airports and broadband.
• It takes effect September 1, 2027, and only for bids made public after that.

The exceptions

The rule does not apply if the government decides in writing that American materials are not reasonably available, are not good enough quality, would materially delay the job, or would cause unreasonable cost increases. FACT (HB 949 text, Sec. 2252.235)

It also does not apply to contracts made under a declared state of disaster, or to any contract involving federal funds. FACT (Sec. 2252.236)

And here is the line that matters most.

"A determination under this section is not subject to public disclosure under Chapter 552." Chapter 552 is the Texas Public Information Act. FACT (Sec. 2252.235(b))

The government has to keep its reasons and send them to the comptroller. The comptroller then sends a yearly summary report to the Legislature by December 1. FACT (Sec. 2252.239)

Why it matters

East Texas builds things. Steel, pipe, timber, concrete. Every road job, every water line, every county building is paid for with your money.

If that money buys American material, more of it stays with American workers. Some of it could stay right here.

But a rule is only as strong as its exceptions. Under this bill, a county or agency can waive the rule over cost or delay, and you cannot ask for the paper that explains why. DOCUMENTED INFERENCE from the bill text.

The receipt

• Bill: HB 949, 90th Legislature, filed 11/09/2026, author Dean. Last action: filed. FACT
• Caption: "Relating to requirements and preferences for purchasing construction materials produced in the United States and this state." FACT
• Comptroller must adopt rules by December 1, 2027. FACT
• Where a conflict exists with other state law, "the more stringent law controls." FACT

All from the bill text and the Texas Legislature Online history page linked above.

What Ryan says

RYAN STATEMENT: I like the idea. Buy American is not a slogan to me. If Texas taxpayers are paying for the steel in a bridge, that steel ought to come from an American mill, and I would love for it to come from a Texas one.

RYAN STATEMENT: But I have one problem, and it is a big one. If a county decides American steel costs too much and buys foreign steel instead, that decision should be the most public piece of paper in the file. Not the most hidden.

RYAN STATEMENT: You do not build trust by writing a good rule and then sealing the waivers. Take out the secrecy line. Post every waiver, with the project, the dollar amount and the reason. Let the people paying the bill see it.

RYAN STATEMENT: Same rule for every office. If a waiver is good enough to grant, it is good enough to show. Show me the evidence.

What this does not prove

It does not prove anyone plans to abuse a waiver. The bill was just filed. No hearing, no committee vote, no floor vote.

It does not prove the bill will pass, or what it will look like if it does. Bills change.

It does not prove how much more American material would cost on Texas projects. That number is not in the bill. NEEDS AUTHENTICATION when a fiscal note is posted.

What it does prove

A Buy American rule for Texas public construction is now filed, by the House member for Gregg, Harrison and Marion counties.

The rule kicks in at $1 million. Local governments below that get a choice.

Federal money jobs and disaster jobs are out.

And as written, the written reasons for skipping the rule are kept out of public records requests.

The bottom line

Buy American. Yes.

Hide the exceptions. No.

Fix one sentence and this is a bill East Texas can stand behind. This is the record.

Do not threaten anyone. Do not harass anyone. Do not contact anyone in my name. Read it. Share it. Send receipts, evidence, witnesses. Put eyes on the record.