SRC-DPW S.B. 1105 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1105
76R5950 MCK-DBy: Ratliff
Criminal Justice
3/29/1999
As Filed


DIGEST 

Currently, the Senate Finance Interim Subcommittee on Government Technology
recommends that the General Services Commission works with the Texas
Department of Criminal Justice (TDCJ) to have surplus computer equipment
transferred to TDCJ for repair, refurbishment, and reutilization.  Such a
program would provide job training and skills for prisoners and enhance the
resale of surplus computer equipment.  This bill would provide that state
agencies and public universities transfer their obsolete computer equipment
to the TDCJ for repair and resale.  

PURPOSE

As proposed, S.B. 1105 sets forth procedures for the disposition of surplus
or salvage data processing equipment from state agencies or certain other
institutions. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Criminal Justice
in SECTION 1 (Section 491.011, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 497A, Government Code, by adding Section 497.011,
as follows: 

Sec. 497.011. Authorizes the Texas Department of Criminal Justice (TDCJ) to
receive surplus or salvage data processing equipment under Chapter 2175.
Requires the TDCJ to repair or refurbish the surplus or salvage data
processing equipment (repaired equipment) if economically feasible.
Requires the TDCJ to sell the repaired data processing equipment to a
school district, state agency, or political subdivision, if repair work is
not economically feasible.  Requires the TDCJ to attempt to realize the
maximum benefit in selling repaired equipment.  Requires the selling price
of repaired equipment to be sufficient to defray the costs of repair work.
Requires proceeds from the sale of repaired equipment to be deposited in
the industrial revolving account and be used to reduce the costs of repair
work.  Authorizes the TDCJ to adopt rules to implement this section. 

SECTION 2. Amends Section 2175.001, Government Code, by adding Subdivision
(5), to define "data processing equipment." 

SECTION 3. Amends Chapter 2175C, Government Code, by adding Section
2175.126, as follows: 

Sec. 2175.126. DISPOSITION OF DATA PROCESSING EQUIPMENT.  Requires a state
agency, state eleemosynary institution, or institution of higher education
(state entities) to transfer surplus equipment to the TDCJ if a disposition
of a state agency's surplus equipment is not made under this subchapter.
Prohibits state entities from collecting reimbursement from the TDCJ for
surplus equipment.   

SECTION 4. Amends Section 2175.302, Government Code, to provide that this
chapter does not apply to certain institutions except as provided by
Section 2175.126(b). 

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Emergency clause.