SRC-DPW S.B. 1451 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1451
76R3467 JSA-DBy: West
Higher Education
3/30/1999
As Filed


DIGEST 

Currently, certain state agencies are required to report surplus property
on the State Property Accounting System for publishing by the General
Services Commission (GSC).  State agencies, political subdivisions, and
school districts are allowed to purchase needed materials and products from
state agencies listed in GSC's publication.  Institutions of higher
education are exempt from the required reporting.  It has been cited that
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.  This bill would set forth guidelines
for the disposition of surplus and salvage property of certain institutions
of higher education. 

PURPOSE

As proposed, S.B. 1451 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 2175.125, Government Code, as follows:

Sec. 2175.125. New heading: PRIORITIES FOR TRANSFER.  Provides that a
notice under Section 2175.122 has priority over any other transfer under
rules adopted by the General Services Commission (GSC), except as provided
by Subsection (b).  Requires a state agency that is an institution of
higher education and has surplus or salvage property (property), during the
30 days after the date of notice under Section 2175.122, to transfer the
property to a requesting entity following a certain order of priority. 

SECTION 2. Amends Section 2175.302, Government Code, as follows:

Sec. 2175.302. New heading: EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS.
Deletes text regarding an institution or agency of higher education. 

SECTION 3. Amends Chapter 2175D, Government Code, by adding Section
2175.1815, as follows: 

Sec. 2175.1815. EXCEPTION FOR INSTITUTIONS OF HIGHER EDUCATION. Provides
that this subchapter does not apply to an institution of higher education.
Requires an institution of higher education to dispose of its property not
transferred to another entity under Subchapter C under procedures
established by the institution. 

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.