By:  Ratliff                                           S.B. No. 379

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the disposition and sale of certain surplus and salvage

 1-2     property by the state.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter B, Chapter 2175, Government Code, is

 1-5     amended by adding Section 2175.066 to read as follows:

 1-6           Sec. 2175.066.  DATA PROCESSING EQUIPMENT.  (a)  The

 1-7     commission and the comptroller shall develop general guidelines for

 1-8     establishing the fair market value of surplus and salvage data

 1-9     processing equipment.  A state agency shall use the guidelines to

1-10     determine the fair market value of specific data processing

1-11     equipment.

1-12           (b)  If an item of surplus or salvage data processing

1-13     equipment is not transferred under Subchapter C, the item may not

1-14     be sold under Subchapter D for an amount that is less than 50

1-15     percent of the fair market value of the item as determined under

1-16     Subsection (a).

1-17           (c)  The commission shall prescribe procedures for the

1-18     disposition of an item of data processing equipment that is not

1-19     transferred or sold under this chapter, including procedures for

1-20     the repair and refurbishment of an item or the disassembly and sale

1-21     of the item's component parts.

1-22           (d)  For purposes of this section, "data processing

1-23     equipment" means equipment described by Section 2054.003(3)(A).

 2-1           SECTION 2.  Section 2175.302, Government Code, is amended to

 2-2     read as follows:

 2-3           Sec. 2175.302.  EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS AND

 2-4     INSTITUTIONS AND AGENCIES OF HIGHER EDUCATION.  Except for Section

 2-5     2175.066, this [This] chapter does not apply to the disposition of

 2-6     surplus or salvage property by a state eleemosynary institution or

 2-7     an institution or agency of higher education.

 2-8           SECTION 3.  This Act takes effect September 1, 1997.

 2-9           SECTION 4.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended.