By Davila H.B. No. 1572 75R3151 RJA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to disposal of certain property by a charitable 1-3 organization. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 132, Revised Statutes, is amended by adding 1-6 Article 9023d to read as follows: 1-7 Art. 9023d. DISPOSAL OF COMPUTER EQUIPMENT BY CHARITABLE 1-8 ORGANIZATION. (a) In this section: 1-9 (1) "Computer equipment" includes computers, 1-10 telecommunications devices and systems, automated information 1-11 systems, and peripheral devices and hardware that are necessary to 1-12 the efficient installation and operation of that equipment, but 1-13 does not include computer software. 1-14 (2) "Charitable organization" has the meaning assigned 1-15 by Section 84.003, Civil Practice and Remedies Code. 1-16 (b) Except as provided by Subsections (c) and (d), a 1-17 charitable organization that expends funds received from the state, 1-18 whether by appropriation, grant, or otherwise, to purchase computer 1-19 equipment may not dispose of or discard the equipment before the 1-20 fifth anniversary of the date the organization purchased the 1-21 equipment. 1-22 (c) This section does not prohibit: 1-23 (1) the sale or trade of computer equipment; or 1-24 (2) the disposal of equipment that is not operational. 2-1 (d) A charitable organization may dispose of computer 2-2 equipment purchased with state funds within the five-year period 2-3 after the date of purchase by donating the equipment to another 2-4 charitable organization that provides services similar to the 2-5 services provided by the organization donating the equipment. The 2-6 charitable organization shall conduct a drawing at a meeting open 2-7 to interested persons to select the recipient of the donation. 2-8 (e) This section applies only to computer equipment that a 2-9 charitable organization purchases for at least $500. 2-10 (f) The comptroller shall adopt rules to implement this 2-11 section. 2-12 SECTION 2. This Act takes effect September 1, 1997, and 2-13 applies only to computer equipment purchased by a charitable 2-14 organization on or after that date. 2-15 SECTION 3. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended.