76R9941 JSA-D
By Capelo H.B. No. 3226
Substitute the following for H.B. No. 3226:
By Farabee C.S.H.B. No. 3226
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of surplus and salvage property of
1-3 certain institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2175.302, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 2175.302. EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS [AND
1-8 INSTITUTIONS AND AGENCIES OF HIGHER EDUCATION]. This chapter does
1-9 not apply to the disposition of surplus or salvage property by a
1-10 state eleemosynary institution [or an institution or agency of
1-11 higher education].
1-12 SECTION 2. Subchapter F, Chapter 2175, Government Code, is
1-13 amended by adding Section 2175.304 to read as follows:
1-14 Sec. 2175.304. EXCEPTION FOR INSTITUTIONS OF HIGHER
1-15 EDUCATION. (a) This chapter does not apply to the disposition of
1-16 surplus or salvage property of a university system or of an
1-17 institution or agency of higher education except as provided by
1-18 this section.
1-19 (b) The governing board of each university system or
1-20 institution or agency of higher education included within the
1-21 definition of "state agency" under Section 2151.002 shall establish
1-22 written procedures for the disposition of surplus or salvage
1-23 property of the system, institution, or agency. The procedures
1-24 shall allow for the direct transfer of materials or equipment that
2-1 can be used for instructional purposes to a public school or school
2-2 district at a price or for other consideration to which the system,
2-3 institution, or agency and the public school or school district
2-4 agree or for no consideration as the system, institution, or agency
2-5 determines appropriate.
2-6 (c) The procedures established under Subsection (b) must
2-7 give preference to transferring the property directly to a public
2-8 school or school district before disposing of the property in
2-9 another manner. If more than one public school or school district
2-10 seeks to acquire the same property on substantially the same terms,
2-11 the system, institution, or agency shall give preference to a
2-12 public school that is considered low-performing by the commissioner
2-13 of education or to a school district that has a taxable wealth per
2-14 student that entitles the district to an allotment of state funds
2-15 under Subchapter F, Chapter 42, Education Code.
2-16 SECTION 3. Subchapter C, Chapter 61, Education Code, is
2-17 amended by adding Section 61.085 to read as follows:
2-18 Sec. 61.085. ON-LINE SURPLUS PROPERTY RESOURCE. (a) The
2-19 board shall establish and maintain an Internet site or similar
2-20 facility accessible to school districts by telecommunication to
2-21 allow an institution of higher education to provide notice to
2-22 school districts in this state of any available surplus or salvage
2-23 property of the institution that consists of instructional
2-24 materials or that may be used for instructional purposes. The
2-25 board shall operate the facility to allow a school district to make
2-26 a direct inquiry to an institution regarding the possible
2-27 acquisition of property by the school district.
3-1 (b) The board may charge a fee for an institution or school
3-2 district to use the facility.
3-3 SECTION 4. This Act takes effect September 1, 1999.
3-4 SECTION 5. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.