By Capelo                                             H.B. No. 3226
         76R6455 JSA-D                           
                                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 an institution of higher education.
1-17           (b)  An institution of higher education shall dispose of its
1-18     surplus or salvage property under procedures established by the
1-19     institution.
1-20           (c)  In disposing of surplus or salvage property that
1-21     consists of instructional materials or that may be used for
1-22     instructional purposes, the institution's procedures shall give
1-23     preference to transferring the property directly to a public school
1-24     or school district before disposing of the property in another
 2-1     manner.  If more than one public school or school district seeks to
 2-2     acquire the same property on substantially the same terms, the
 2-3     institution shall give preference to a public school that is
 2-4     considered low-performing by the commissioner of education or to a
 2-5     school district that has a taxable wealth per student that entitles
 2-6     the district to an allotment of state funds under Subchapter F,
 2-7     Chapter 42, Education Code.
 2-8           SECTION 3.  Subchapter C, Chapter 61, Education Code, is
 2-9     amended by adding Section 61.084 to read as follows:
2-10           Sec. 61.084.  ON-LINE SURPLUS PROPERTY RESOURCE.  (a)  The
2-11     board shall establish and maintain an Internet site or similar
2-12     facility accessible to school districts by telecommunication to
2-13     allow an institution of higher education to provide notice to
2-14     school districts  in this state of any available surplus or salvage
2-15     property of the institution that consists of instructional
2-16     materials or that may be used for instructional purposes.  The
2-17     board shall operate the facility to allow a school district to make
2-18     a direct inquiry to an institution regarding the possible
2-19     acquisition of property by the school district.
2-20           (b)  The board may charge a fee for an institution or school
2-21     district to use the facility.
2-22           SECTION 4.  This Act takes effect September 1, 1999.
2-23           SECTION 5.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended.