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.