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.