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.
3-44 * * * * *