HBA-MPM S.B. 1451 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1451 By: West Higher Education 5/7/1999 Engrossed BACKGROUND AND PURPOSE Currently, certain state agencies are required to report surplus property on the State Property Accounting System for publishing by the General Services Commission (commission). State agencies, political subdivisions, and school districts are allowed to purchase needed materials and products from state agencies listed in the commission's publication. Institutions of higher education are exempt from the required reporting. Some eligible local entities, not knowing of the availability of surplus materials in institutions of higher education, have been unable to acquire the materials and products they need. S.B. 1451 sets forth guidelines for the disposition of surplus and salvage property of certain institutions of higher education. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2175.125, Government Code, as follows: Sec. 2175.125. New title: PRIORITIES FOR TRANSFER. (a) Provides that during the 30 days after the date of a notice under Section 2175.122 (Commission Notice to Other Entities), Government Code, a transfer to a state agency has priority over any other transfer under rules adopted by the General Services Commission (commission), except as provided by Subsection (b). (b) Requires a state agency that is an institution of higher education and has surplus or salvage property available for transfer, during the 30 days after the date of notice under Section 2175.122, to give preference to transferring the property to a requesting entity in the following priority: (1) a public school or school district; (2) another state agency or a political subdivision other than a school district; or (3) an assistance agency. SECTION 2. Amends Section 2175.302, Government Code, as follows: Sec. 2175.302. New title: EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS. Deletes text regarding the inapplicability of this section (regarding the disposition of surplus or salvage property) to an institution or agency of higher education. SECTION 3. Amends Subchapter D, Chapter 2175, Government Code, by adding Section 2175.1815, as follows: Sec. 2175.1815. EXCEPTION FOR INSTITUTIONS OF HIGHER EDUCATION. Makes this subchapter inapplicable to an institution of higher education. Requires an institution of higher education to dispose of its surplus and salvage property not transferred to another entity under Subchapter C (Direct Transfer of Surplus or Salvage Property) under procedures established by the institution. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.