1-1 By: Capelo (Senate Sponsor - Truan) H.B. No. 3226
1-2 (In the Senate - Received from the House April 26, 1999;
1-3 April 27, 1999, read first time and referred to Committee on
1-4 Education; May 11, 1999, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 11, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the disposition of surplus and salvage property of
1-9 certain institutions of higher education.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2175.302, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 2175.302. EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS [AND
1-14 INSTITUTIONS AND AGENCIES OF HIGHER EDUCATION]. This chapter does
1-15 not apply to the disposition of surplus or salvage property by a
1-16 state eleemosynary institution [or an institution or agency of
1-17 higher education].
1-18 SECTION 2. Subchapter F, Chapter 2175, Government Code, is
1-19 amended by adding Section 2175.304 to read as follows:
1-20 Sec. 2175.304. EXCEPTION FOR INSTITUTIONS OF HIGHER
1-21 EDUCATION. (a) This chapter does not apply to the disposition of
1-22 surplus or salvage property of a university system or of an
1-23 institution or agency of higher education except as provided by
1-24 this section.
1-25 (b) The governing board of each university system or
1-26 institution or agency of higher education included within the
1-27 definition of "state agency" under Section 2151.002 shall establish
1-28 written procedures for the disposition of surplus or salvage
1-29 property of the system, institution, or agency. The procedures
1-30 shall allow for the direct transfer of materials or equipment that
1-31 can be used for instructional purposes to a public school or school
1-32 district at a price or for other consideration to which the system,
1-33 institution, or agency and the public school or school district
1-34 agree or for no consideration as the system, institution, or agency
1-35 determines appropriate.
1-36 (c) The procedures established under Subsection (b) must
1-37 give preference to transferring the property directly to a public
1-38 school or school district before disposing of the property in
1-39 another manner. If more than one public school or school district
1-40 seeks to acquire the same property on substantially the same terms,
1-41 the system, institution, or agency shall give preference to a
1-42 public school that is considered low-performing by the commissioner
1-43 of education or to a school district that has a taxable wealth per
1-44 student that entitles the district to an allotment of state funds
1-45 under Subchapter F, Chapter 42, Education Code.
1-46 SECTION 3. Subchapter C, Chapter 61, Education Code, is
1-47 amended by adding Section 61.085 to read as follows:
1-48 Sec. 61.085. ON-LINE SURPLUS PROPERTY RESOURCE. (a) The
1-49 board shall establish and maintain an Internet site or similar
1-50 facility accessible to school districts by telecommunication to
1-51 allow an institution of higher education to provide notice to
1-52 school districts in this state of any available surplus or salvage
1-53 property of the institution that consists of instructional
1-54 materials or that may be used for instructional purposes. The
1-55 board shall operate the facility to allow a school district to make
1-56 a direct inquiry to an institution regarding the possible
1-57 acquisition of property by the school district.
1-58 (b) The board may charge a fee for an institution or school
1-59 district to use the facility.
1-60 SECTION 4. This Act takes effect September 1, 1999.
1-61 SECTION 5. The importance of this legislation and the
1-62 crowded condition of the calendars in both houses create an
1-63 emergency and an imperative public necessity that the
1-64 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended.
2-2 * * * * *