1-1     By:  Ratliff                                           S.B. No. 379

 1-2           (In the Senate - Filed April 4, 1997; April 8, 1997, read

 1-3     first time and referred to Committee on State Affairs;

 1-4     April 21, 1997, reported favorably by the following vote:  Yeas 13,

 1-5     Nays 0; April 21, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the disposition and sale of certain surplus and salvage

 1-9     property by the state.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter B, Chapter 2175, Government Code, is

1-12     amended by adding Section 2175.066 to read as follows:

1-13           Sec. 2175.066.  DATA PROCESSING EQUIPMENT.  (a)  The

1-14     commission and the comptroller shall develop general guidelines for

1-15     establishing the fair market value of surplus and salvage data

1-16     processing equipment.  A state agency shall use the guidelines to

1-17     determine the fair market value of specific data processing

1-18     equipment.

1-19           (b)  If an item of surplus or salvage data processing

1-20     equipment is not transferred under Subchapter C, the item may not

1-21     be sold under Subchapter D for an amount that is less than 50

1-22     percent of the fair market value of the item as determined under

1-23     Subsection (a).

1-24           (c)  The commission shall prescribe procedures for the

1-25     disposition of an item of data processing equipment that is not

1-26     transferred or sold under this chapter, including procedures for

1-27     the repair and refurbishment of an item or the disassembly and sale

1-28     of the item's component parts.

1-29           (d)  For purposes of this section, "data processing

1-30     equipment" means equipment described by Section 2054.003(3)(A).

1-31           SECTION 2.  Section 2175.302, Government Code, is amended to

1-32     read as follows:

1-33           Sec. 2175.302.  EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS AND

1-34     INSTITUTIONS AND AGENCIES OF HIGHER EDUCATION.  Except for Section

1-35     2175.066, this [This] chapter does not apply to the disposition of

1-36     surplus or salvage property by a state eleemosynary institution or

1-37     an institution or agency of higher education.

1-38           SECTION 3.  This Act takes effect September 1, 1997.

1-39           SECTION 4.  The importance of this legislation and the

1-40     crowded condition of the calendars in both houses create an

1-41     emergency and an imperative public necessity that the

1-42     constitutional rule requiring bills to be read on three several

1-43     days in each house be suspended, and this rule is hereby suspended.

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