By Wolens H.B. No. 3206
75R8540 MLS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of the General Services
1-3 Commission concerning state and federal surplus and salvage
1-4 property and to certain commission personnel.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2152.104, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 2152.104. ASSOCIATE DEPUTY DIRECTORS; DIVISIONS;
1-9 DIVISION DIRECTORS. (a) The commission shall have three associate
1-10 deputy directors [with:]
1-11 [(1) one employed by the commission to serve at the
1-12 pleasure of the commission to administer the surplus and salvage
1-13 property division as provided by Subsection (b);]
1-14 [(2) one employed by the executive director to
1-15 administer the travel division and other divisions assigned to the
1-16 person by the executive director; and]
1-17 [(3) one employed by the executive director to
1-18 administer the remaining divisions assigned to the person by the
1-19 executive director].
1-20 (b) Each division shall be managed by a division director
1-21 who shall report to [The commission shall direct] the associate
1-22 deputy director who administers the [director's management of the
1-23 surplus and salvage property] division. [The associate deputy
1-24 director shall report directly to the commission. Commission
2-1 direction of the associate deputy director's management of the
2-2 surplus and salvage property division shall occur only at an open
2-3 meeting of the commission and shall be made a part of the minutes
2-4 of the meeting.]
2-5 (c) The [Instead of employing an associate deputy director
2-6 under Subsection (a)(1), the] commission may assign directly to the
2-7 executive director the duty to administer, under the commission's
2-8 direction, the surplus [and salvage] property division.
2-9 (d) [Each division shall be managed by a division director
2-10 who shall report to the associate deputy director who administers
2-11 the division, except as provided by Subsection (b).]
2-12 [(e)] In accordance with this subchapter, the executive
2-13 director shall appoint a director of facilities construction and
2-14 space management, who shall:
2-15 (1) be a registered architect or registered
2-16 professional engineer; and
2-17 (2) have proven administrative ability and experience
2-18 in the fields of building design and construction.
2-19 SECTION 2. Section 2175.004, Government Code, is amended to
2-20 read as follows:
2-21 Sec. 2175.004. CIVIL AIR PATROL; VOLUNTEER FIRE DEPARTMENTS.
2-22 For purposes of this chapter:
2-23 (1) the Civil Air Patrol, Texas Wing, is considered a
2-24 state agency having the authority to acquire surplus or salvage
2-25 property; and
2-26 (2) a volunteer fire department is considered a
2-27 political subdivision.
3-1 SECTION 3. Section 2175.123, Government Code, is amended to
3-2 read as follows:
3-3 Sec. 2175.123. DIRECT [NEGOTIATION FOR] TRANSFER. During
3-4 the month following dissemination of information [35 days after the
3-5 date of notice] under Section 2175.122, a state agency, [or]
3-6 political subdivision, or assistance organization may coordinate
3-7 [negotiate] directly with the reporting state agency for a transfer
3-8 of the property at a price established by the reporting agency [an
3-9 agreed value].
3-10 SECTION 4. Section 2175.124, Government Code, is amended to
3-11 read as follows:
3-12 Sec. 2175.124. NOTICE OF TRANSFER TO COMPTROLLER [AND
3-13 COMMISSION]; ADJUSTMENT OF APPROPRIATIONS AND PROPERTY ACCOUNTING
3-14 RECORDS [INVENTORY]. (a) If property is transferred to a state
3-15 agency, the participating agencies shall report the transaction to
3-16 the comptroller [and the commission].
3-17 (b) On receiving notice under this section, the comptroller
3-18 shall, if necessary:
3-19 (1) debit and credit the proper appropriations; and
3-20 (2) adjust state property accounting [inventory]
3-21 records [if necessary].
3-22 SECTION 5. Section 2175.125, Government Code, is amended to
3-23 read as follows:
3-24 Sec. 2175.125. PRIORITY FOR TRANSFER TO STATE AGENCY.
3-25 During the month [35 days] after the date of notice under Section
3-26 2175.122, a transfer to a state agency has priority over any other
3-27 transfer under rules adopted by the commission.
4-1 SECTION 6. Section 2175.183, Government Code, is amended to
4-2 read as follows:
4-3 Sec. 2175.183. ADVERTISEMENT OF SALE. If the value of an
4-4 item or a lot of property to be sold is estimated to be more than
4-5 $5,000 [$1,000], the commission or the state agency authorized to
4-6 sell the property shall advertise the sale at least once in at
4-7 least one newspaper of general circulation in the vicinity in which
4-8 the property is located.
4-9 SECTION 7. Section 2175.184, Government Code, is amended by
4-10 amending the heading and Subsection (c) to read as follows:
4-11 Sec. 2175.184. REPORTING SALE; PROPERTY ACCOUNTING
4-12 [INVENTORY] ADJUSTMENT.
4-13 (c) If property reported under this section is on the state
4-14 property accounting system [inventory], the comptroller shall
4-15 remove the property from the property accounting records
4-16 [inventory].
4-17 SECTION 8. Section 2175.241, Government Code, is amended to
4-18 read as follows:
4-19 Sec. 2175.241. DESTRUCTION OF [WHEN] SURPLUS OR SALVAGE
4-20 PROPERTY [MAY BE DESTROYED; REPORT OF DESTRUCTION]. (a) If the
4-21 commission or a state agency cannot sell or dispose of property in
4-22 accordance with this subchapter or has determined that the property
4-23 has no resale value, [reported to the commission as surplus or
4-24 salvage, it may order] the property may be destroyed as worthless
4-25 salvage [and report the destruction to the reporting agency].
4-26 (b) The commission or state agency shall maintain a record
4-27 of property destroyed under this section. Any removal of the
5-1 destroyed property from the state property accounting records under
5-2 Section 2175.242 must be indicated in the record.
5-3 SECTION 9. Section 2175.242, Government Code, is amended to
5-4 read as follows:
5-5 Sec. 2175.242. REMOVAL OF DESTROYED PROPERTY FROM STATE
5-6 PROPERTY ACCOUNTING RECORDS [INVENTORY]. (a) On destruction of
5-7 property under this subchapter, the comptroller may remove the
5-8 destroyed property from the state property accounting records
5-9 [inventory].
5-10 (b) Authorization by the commission is not required for the
5-11 deletion of salvage items of another state agency from the state
5-12 property accounting records [inventory].
5-13 (c) This subchapter does not affect Section 403.273, which
5-14 provides for the deletion from state property accounting records
5-15 [inventory] of a state agency's missing property on the state
5-16 auditor's authorization.
5-17 SECTION 10. Section 2175.303, Government Code, is amended to
5-18 read as follows:
5-19 Sec. 2175.303. EXCEPTION FOR CERTAIN PRODUCTS. This chapter
5-20 does not apply to disposition of:
5-21 (1) a product or by-product of research, forestry,
5-22 agriculture, livestock, or an industrial enterprise; or
5-23 (2) certain recyclable materials, including paper,
5-24 cardboard, aluminum cans, plastics, glass, one-use pallets, used
5-25 tires, used oil, and scrap metal, when the disposition is not in
5-26 the best interest of the state or economically feasible.
5-27 SECTION 11. Section 2175.362, Government Code, is amended to
6-1 read as follows:
6-2 Sec. 2175.362. DESIGNATED AGENCY; SEPARATE AND INDEPENDENT
6-3 OPERATION OF FEDERAL SURPLUS PROPERTY PROGRAM. (a) The commission
6-4 is the designated state agency under Section 484(j) of the federal
6-5 act.
6-6 (b) Except for the sharing of support functions with other
6-7 divisions, the federal surplus property program may operate
6-8 independently of the rest of the commission.
6-9 (c) The administrative offices of the federal surplus
6-10 property program may be located in a building separate from the
6-11 location of other commission offices.
6-12 SECTION 12. Section 2175.370, Government Code, is amended to
6-13 read as follows:
6-14 Sec. 2175.370. FEDERAL SURPLUS PROPERTY SERVICE CHARGE FUND.
6-15 (a) The commission shall deposit a charge collected under Section
6-16 2175.369 in the state treasury to the credit of the federal surplus
6-17 property service charge fund.
6-18 (b) Income earned on money in the federal surplus property
6-19 service charge fund shall be credited to that fund.
6-20 (c) Money in the federal surplus property service charge
6-21 fund may be used only to accomplish the commission's functions
6-22 under this subchapter.
6-23 SECTION 13. Section 2175.902, Government Code, is amended to
6-24 read as follows:
6-25 Sec. 2175.902. PAPER RECYCLING [WASTEPAPER]. (a) The
6-26 commission shall establish and maintain in each building under its
6-27 control procedures [facilities] for collecting separately from
7-1 other wastes all paper for recycling [wastepaper] disposed of in
7-2 that building. The commission may delegate its responsibility
7-3 under this subsection to a state agency located in each building
7-4 under its control.
7-5 (b) The commission or a state agency with delegated
7-6 responsibility under Subsection (a) shall sell the paper
7-7 [wastepaper] for recycling to the highest bidder.
7-8 SECTION 14. Section 2175.003, Government Code, is repealed.
7-9 SECTION 15. The importance of this legislation and the
7-10 crowded condition of the calendars in both houses create an
7-11 emergency and an imperative public necessity that the
7-12 constitutional rule requiring bills to be read on three several
7-13 days in each house be suspended, and this rule is hereby suspended,
7-14 and that this Act take effect and be in force from and after its
7-15 passage, and it is so enacted.