AN ACT
1-1 relating to repair and resale of certain data processing equipment.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter A, Chapter 497, Government Code, is
1-4 amended by adding Section 497.011 to read as follows:
1-5 Sec. 497.011. REPAIR AND RESALE OF SURPLUS DATA PROCESSING
1-6 EQUIPMENT. (a) The department may receive surplus or salvage data
1-7 processing equipment under Chapter 2175.
1-8 (b) If the department determines that it is economically
1-9 feasible, the department shall repair or refurbish the surplus or
1-10 salvage data processing equipment. The department shall sell the
1-11 repaired or refurbished data processing equipment to a school
1-12 district, a state agency, or a political subdivision of the state
1-13 in that relative order of preference.
1-14 (c) If it is not economically feasible to repair or
1-15 refurbish the surplus or salvage data processing equipment, the
1-16 department shall disassemble the equipment and sell the components
1-17 or retain the components in the department's inventory for future
1-18 use.
1-19 (d) The department shall attempt to realize the maximum
1-20 benefit to the state in selling repaired or refurbished data
1-21 processing equipment or the components.
1-22 (e) The sales price of the components or the repaired or
1-23 refurbished data processing equipment must be sufficient to defray
1-24 the cost of repairing, refurbishing, or disassembling the data
2-1 processing equipment.
2-2 (f) Proceeds from the sale of the components or the repaired
2-3 or refurbished data processing equipment shall be deposited in the
2-4 industrial revolving account. The proceeds may be used only to
2-5 reduce the cost of repairing and refurbishing data processing
2-6 equipment.
2-7 (g) The department may adopt rules to implement this
2-8 section.
2-9 (h) The department shall ensure that all information stored
2-10 on the surplus or salvage data processing equipment received by the
2-11 department under this section is removed from the equipment before
2-12 any inmate is given access to the equipment. This subsection does
2-13 not require the removal of any operating system or software program
2-14 stored on the data processing equipment.
2-15 SECTION 2. Section 2175.001, Government Code, is amended by
2-16 adding Subdivision (5) to read as follows:
2-17 (5) "Data processing equipment" means equipment
2-18 described by Section 2054.003(3)(A).
2-19 SECTION 3. Subchapter C, Chapter 2175, Government Code, is
2-20 amended by adding Section 2175.126 to read as follows:
2-21 Sec. 2175.126. DISPOSITION OF DATA PROCESSING EQUIPMENT.
2-22 (a) If a disposition of a state agency's surplus or salvage data
2-23 processing equipment is not made under this subchapter, the state
2-24 agency shall transfer the equipment to the Texas Department of
2-25 Criminal Justice. The state agency may not collect a fee or other
2-26 reimbursement from the Texas Department of Criminal Justice for the
3-1 surplus or salvage data processing equipment.
3-2 (b) If a disposition of the surplus or salvage data
3-3 processing equipment of a state eleemosynary institution or an
3-4 institution or agency of higher education is not made under other
3-5 law, the institution or agency shall transfer the equipment to the
3-6 Texas Department of Criminal Justice. The institution or agency
3-7 may not collect a fee or other reimbursement from the Texas
3-8 Department of Criminal Justice for the surplus or salvage data
3-9 processing equipment.
3-10 SECTION 4. Section 2175.302, Government Code, is amended to
3-11 read as follows:
3-12 Sec. 2175.302. EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS AND
3-13 INSTITUTIONS AND AGENCIES OF HIGHER EDUCATION. Except as provided
3-14 by Section 2175.126(b), this [This] chapter does not apply to the
3-15 disposition of surplus or salvage property by a state eleemosynary
3-16 institution or an institution or agency of higher education.
3-17 SECTION 5. This Act takes effect September 1, 1999.
3-18 SECTION 6. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1105 passed the Senate on
April 19, 1999, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 21, 1999, by the
following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1105 passed the House, with
amendment, on May 13, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor