SRC-DPW H.B. 3226 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3226
76R9941 JSA-DBy: Capelo (Truan)
Education
5/7/1999
Engrossed


DIGEST 

Currently, Texas law directs state agencies to dispose of their surplus
property to public schools, then to government agencies, and finally to
certain nonprofit assistance organizations.  The Texas Performance Review
recommended that this approach to surplus property disposal be considered
for institutions of higher education.  At present, there is no effective
mechanism to match the needs of schools with the surplus equipment of
colleges and universities.  This bill would require institutions of higher
education to dispose of surplus and salvage property in the manner by which
state agencies are required, and would require the Texas Higher Education
Coordinating Board to establish and maintain a facility to provide notice
to public schools and districts of the availability of surplus and salvage
property. 

PURPOSE

As proposed, H.B. 3226 sets forth guidelines for the disposition of surplus
and salvage property of certain institutions of higher education. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2175.302, Government Code, as follows:

Sec. 2175.302. New heading: EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS.
Deletes a provision providing that this chapter is inapplicable to
institutions or agencies of higher education. 

SECTION 2. Amends Chapter 2175F, Government Code, by adding Section
2175.304, as follows: 

Sec. 2175.304. EXCEPTION FOR INSTITUTIONS OF HIGHER EDUCATION. Provides
that this section does not apply to the disposition of surplus or salvage
property of a university system or of an institution or agency of higher
education (institution) except as provided by this section.  Requires the
governing boards of each institution included within the definition of
"state agency" under Section 2151.002, Government Code, to establish
written procedures for the disposition of its surplus or salvage property.
Sets forth requirements for the transferring of materials or equipment with
regards to fees and other consideration, preferences toward public schools
and districts, and preferences toward low-performing schools. 

SECTION 3. Amends Chapter 61C, Education Code, by adding Section 61.085, as
follows: 

Sec. 61.085. ON-LINE SURPLUS PROPERTY  RESOURCE. Requires the Texas Higher
Education Coordinating Board (board) to establish or maintain an Internet
site or other similar facility accessible to school districts to provide
notice of available surplus or salvage property to be used for
instructional purposes.  Requires the board to operate the facility to
allow a school district to make a direct inquiry to an institution
regarding the possible acquisition of property by the school district.
Authorizes the board to charge a fee for an institution or school district
to use the facility. 

SECTION 4. Effective date: September 1, 1999.
 
SECTION 5. Emergency clause.