1-1 By: Davila (Senate Sponsor - Luna) H.B. No. 1572 1-2 (In the Senate - Received from the House May 12, 1997; 1-3 May 13, 1997, read first time and referred to Committee on State 1-4 Affairs; May 18, 1997, reported favorably by the following vote: 1-5 Yeas 12, Nays 0; May 18, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to disposal of certain property by a charitable 1-9 organization. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Title 132, Revised Statutes, is amended by adding 1-12 Article 9023d to read as follows: 1-13 Art. 9023d. DISPOSAL OF COMPUTER EQUIPMENT BY CHARITABLE 1-14 ORGANIZATION. (a) In this article: 1-15 (1) "Computer equipment" includes computers, 1-16 telecommunications devices and systems, automated information 1-17 systems, and peripheral devices and hardware that are necessary to 1-18 the efficient installation and operation of that equipment, but 1-19 does not include computer software. 1-20 (2) "Charitable organization" has the meaning assigned 1-21 by Section 84.003, Civil Practice and Remedies Code. 1-22 (b) Except as provided by Subsections (c) and (d) of this 1-23 article, a charitable organization that expends funds received from 1-24 the state, whether by appropriation, grant, or otherwise, to 1-25 purchase computer equipment may not dispose of or discard the 1-26 equipment before the fourth anniversary of the date the 1-27 organization purchased the equipment. 1-28 (c) This article does not prohibit: 1-29 (1) the sale or trade of computer equipment; or 1-30 (2) the disposal of equipment that is not operational. 1-31 (d) A charitable organization may dispose of computer 1-32 equipment purchased with state funds within the four-year period 1-33 after the date of purchase by donating the equipment to another 1-34 charitable organization. 1-35 (e) This article applies only to computer equipment that a 1-36 charitable organization purchases for at least $500. 1-37 (f) The comptroller shall adopt rules to implement this 1-38 article. 1-39 SECTION 2. This Act takes effect September 1, 1997, and 1-40 applies only to computer equipment purchased by a charitable 1-41 organization on or after that date. 1-42 SECTION 3. The importance of this legislation and the 1-43 crowded condition of the calendars in both houses create an 1-44 emergency and an imperative public necessity that the 1-45 constitutional rule requiring bills to be read on three several 1-46 days in each house be suspended, and this rule is hereby suspended. 1-47 * * * * *