1-1     By:  Armbrister                                        S.B. No. 833

 1-2           (In the Senate - Filed February 27, 1997; March 4, 1997, read

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

 1-4     March 25, 1997, reported favorably by the following vote:  Yeas 11,

 1-5     Nays 0; March 25, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the powers and duties of the General Services

 1-9     Commission concerning state and federal surplus and salvage

1-10     property and to certain commission personnel.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 2152.104, Government Code, is amended to

1-13     read as follows:

1-14           Sec. 2152.104.  ASSOCIATE DEPUTY DIRECTORS;  DIVISIONS;

1-15     DIVISION DIRECTORS.  (a)  The commission shall have three associate

1-16     deputy directors [with:]

1-17                 [(1)  one employed by the commission to serve at the

1-18     pleasure of the commission to administer the surplus and salvage

1-19     property division as provided by Subsection (b);]

1-20                 [(2)  one employed by the executive director to

1-21     administer the travel division and other divisions assigned to the

1-22     person by the executive director; and]

1-23                 [(3)  one employed by the executive director to

1-24     administer the remaining divisions assigned to the person by the

1-25     executive director].

1-26           (b)  Each division shall be managed by a division director

1-27     who shall report to [The commission shall direct] the associate

1-28     deputy director who administers the [director's management of the

1-29     surplus and salvage property] division.  [The associate deputy

1-30     director shall report directly to the commission.  Commission

1-31     direction of the associate deputy director's management of the

1-32     surplus and salvage property division shall occur only at an open

1-33     meeting of the commission and shall be made a part of the minutes

1-34     of the meeting.]

1-35           (c)  The [Instead of employing an associate deputy director

1-36     under Subsection (a)(1), the] commission may assign directly to the

1-37     executive director the duty to administer, under the commission's

1-38     direction, the surplus and salvage property division.

1-39           (d)  [Each division shall be managed by a division director

1-40     who shall report to the associate deputy director who administers

1-41     the division, except as provided by Subsection (b).]

1-42           [(e)]  In accordance with this subchapter, the executive

1-43     director shall appoint a director of facilities construction and

1-44     space management, who shall:

1-45                 (1)  be a registered architect or registered

1-46     professional engineer; and

1-47                 (2)  have proven administrative ability and experience

1-48     in the fields of building design and construction.

1-49           SECTION 2.  Section 2175.004, Government Code, is amended to

1-50     read as follows:

1-51           Sec. 2175.004.  CIVIL AIR PATROL; VOLUNTEER FIRE DEPARTMENTS.

1-52     For purposes of this chapter:

1-53                 (1)  the Civil Air Patrol, Texas Wing, is considered a

1-54     state agency having the authority to acquire surplus or salvage

1-55     property; and

1-56                 (2)  a volunteer fire department is considered a

1-57     political subdivision.

1-58           SECTION 3.  Section 2175.123, Government Code, is amended to

1-59     read as follows:

1-60           Sec. 2175.123.  DIRECT [NEGOTIATION FOR] TRANSFER.  During

1-61     the 30 [35] days following dissemination of information [after the

1-62     date of notice] under Section 2175.122, a state agency, [or]

1-63     political subdivision, or assistance organization may coordinate

1-64     [negotiate] directly with the reporting state agency for a transfer

 2-1     of the property at a price established by the reporting agency [an

 2-2     agreed value].

 2-3           SECTION 4.  Section 2175.124, Government Code, is amended to

 2-4     read as follows:

 2-5           Sec. 2175.124.  NOTICE OF TRANSFER TO COMPTROLLER [AND

 2-6     COMMISSION]; ADJUSTMENT OF APPROPRIATIONS AND PROPERTY ACCOUNTING

 2-7     RECORDS [INVENTORY].  (a)  If property is transferred to a state

 2-8     agency, the participating agencies shall report the transaction to

 2-9     the comptroller [and the commission].

2-10           (b)  On receiving notice under this section, the comptroller

2-11     shall, if necessary:

2-12                 (1)  debit and credit the proper appropriations; and

2-13                 (2)  adjust state property accounting [inventory]

2-14     records [if necessary].

2-15           SECTION 5.  Section 2175.125, Government Code, is amended to

2-16     read as follows:

2-17           Sec. 2175.125.  PRIORITY FOR TRANSFER TO STATE AGENCY.

2-18     During the 30 [35] days after the date of notice under Section

2-19     2175.122, a transfer to a state agency has priority over any other

2-20     transfer under rules adopted by the commission.

2-21           SECTION 6.  Section 2175.183, Government Code, is amended to

2-22     read as follows:

2-23           Sec. 2175.183.  ADVERTISEMENT OF SALE.  If the value of an

2-24     item or a lot of property to be sold is estimated to be more than

2-25     $5,000 [$1,000], the commission or the state agency authorized to

2-26     sell the property shall advertise the sale at least once in at

2-27     least one newspaper of general circulation in the vicinity in which

2-28     the property is located.

2-29           SECTION 7.  Section 2175.184, Government Code, is amended by

2-30     amending the heading and Subsection (c) to read as follows:

2-31           Sec. 2175.184.  REPORTING SALE;  PROPERTY ACCOUNTING

2-32     [INVENTORY] ADJUSTMENT.

2-33           (c)  If property reported under this section is on the state

2-34     property accounting system [inventory], the comptroller shall

2-35     remove the property from the property accounting records

2-36     [inventory].

2-37           SECTION 8.  Section 2175.241, Government Code, is amended to

2-38     read as follows:

2-39           Sec. 2175.241.  DESTRUCTION OF [WHEN] SURPLUS OR SALVAGE

2-40     PROPERTY [MAY BE DESTROYED;  REPORT OF DESTRUCTION]. If the

2-41     commission or a state agency cannot sell or dispose of property in

2-42     accordance with this chapter or has determined that the property

2-43     has no resale value, [reported to the commission as surplus or

2-44     salvage, it may order] the property may be destroyed as worthless

2-45     salvage [and report the destruction to the reporting agency].

2-46           SECTION 9.  Section 2175.242, Government Code, is amended to

2-47     read as follows:

2-48           Sec. 2175.242.  REMOVAL OF DESTROYED PROPERTY FROM STATE

2-49     PROPERTY ACCOUNTING RECORDS [INVENTORY].  (a)  On destruction of

2-50     property under this subchapter, the comptroller may remove the

2-51     destroyed property from the state property accounting records

2-52     [inventory].

2-53           (b)  Authorization by the commission is not required for the

2-54     deletion of salvage items of another state agency from the state

2-55     property accounting records [inventory].

2-56           (c)  This subchapter does not affect Section 403.273, which

2-57     provides for the deletion from state property accounting records

2-58     [inventory] of a state agency's missing property on the state

2-59     auditor's authorization.

2-60           SECTION 10.  Section 2175.303, Government Code, is amended to

2-61     read as follows:

2-62           Sec. 2175.303.  EXCEPTION FOR CERTAIN PRODUCTS.  This chapter

2-63     does not apply to disposition of:

2-64                 (1)  a product or by-product of research, forestry,

2-65     agriculture, livestock, or an industrial enterprise; or

2-66                 (2)  certain recyclable materials, including paper,

2-67     cardboard, aluminum cans, plastics, glass, one-use pallets, used

2-68     tires, used oil, and scrap metal, when the disposition is not in

2-69     the best interest of the state or economically feasible.

 3-1           SECTION 11.  Section 2175.362, Government Code, is amended to

 3-2     read as follows:

 3-3           Sec. 2175.362.  DESIGNATED AGENCY; SEPARATE AND INDEPENDENT

 3-4     OPERATION OF FEDERAL SURPLUS PROPERTY PROGRAM.  (a)  The commission

 3-5     is the designated state agency under Section 484(j) of the federal

 3-6     act.

 3-7           (b)  Except for the sharing of support functions with other

 3-8     divisions, the federal surplus property program shall operate

 3-9     independently of the rest of the commission.

3-10           (c)  The administrative offices of the federal surplus

3-11     property program may be located in a building separate from the

3-12     location of other commission offices.

3-13           SECTION 12.  Section 2175.370, Government Code, is amended to

3-14     read as follows:

3-15           Sec. 2175.370.  FEDERAL SURPLUS PROPERTY SERVICE CHARGE FUND.

3-16     (a)  The commission shall deposit a charge collected under Section

3-17     2175.369 in the state treasury to the credit of the federal surplus

3-18     property service charge fund.

3-19           (b)  Income earned on money in the federal surplus property

3-20     service charge fund shall be credited to that fund.

3-21           (c)  Money in the federal surplus property service charge

3-22     fund may be used only to accomplish the commission's functions

3-23     under this subchapter.

3-24           SECTION 13.  Section 2175.902, Government Code, is amended to

3-25     read as follows:

3-26           Sec. 2175.902.  PAPER RECYCLING [WASTEPAPER].  (a)  The

3-27     commission shall establish and maintain in each building under its

3-28     control procedures [facilities] for collecting separately from

3-29     other wastes all paper for recycling [wastepaper] disposed of in

3-30     that building.  The commission may delegate its responsibility

3-31     under this subsection to a state agency located in each building

3-32     under its control.

3-33           (b)  The commission or a state agency with delegated

3-34     responsibility under Subsection (a) shall sell the paper

3-35     [wastepaper] for recycling to the highest bidder.

3-36           SECTION 14.  Section 2175.003, Government Code, is repealed.

3-37           SECTION 15.  The importance of this legislation and the

3-38     crowded condition of the calendars in both houses create an

3-39     emergency and an imperative public necessity that the

3-40     constitutional rule requiring bills to be read on three several

3-41     days in each house be suspended, and this rule is hereby suspended,

3-42     and that this Act take effect and be in force from and after its

3-43     passage, and it is so enacted.

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