By Ratliff, et al. S.B. No. 1105
76R5950 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to repair and resale of certain data processing equipment.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 497, Government Code, is
1-5 amended by adding Section 497.011 to read as follows:
1-6 Sec. 497.011. REPAIR AND RESALE OF SURPLUS DATA PROCESSING
1-7 EQUIPMENT. (a) The department may receive surplus or salvage data
1-8 processing equipment under Chapter 2175.
1-9 (b) If the department determines that it is economically
1-10 feasible, the department shall repair or refurbish the surplus or
1-11 salvage data processing equipment. The department shall sell the
1-12 repaired or refurbished data processing equipment to a school
1-13 district, a state agency, or a political subdivision of the state
1-14 in that relative order of preference.
1-15 (c) If it is not economically feasible to repair or
1-16 refurbish the surplus or salvage data processing equipment, the
1-17 department shall disassemble the equipment and sell the components
1-18 or retain the components in the department's inventory for future
1-19 use.
1-20 (d) The department shall attempt to realize the maximum
1-21 benefit to the state in selling repaired or refurbished data
1-22 processing equipment or the components.
1-23 (e) The sales price of the components or the repaired or
1-24 refurbished data processing equipment must be sufficient to defray
2-1 the cost of repairing, refurbishing, or disassembling the data
2-2 processing equipment.
2-3 (f) Proceeds from the sale of the components or the repaired
2-4 or refurbished data processing equipment shall be deposited in the
2-5 industrial revolving account. The proceeds may be used only to
2-6 reduce the cost of repairing and refurbishing data processing
2-7 equipment.
2-8 (g) The department may adopt rules to implement this
2-9 section.
2-10 SECTION 2. Section 2175.001, Government Code, is amended by
2-11 adding Subdivision (5) to read as follows:
2-12 (5) "Data processing equipment" means equipment
2-13 described by Section 2054.003(3)(A).
2-14 SECTION 3. Subchapter C, Chapter 2175, Government Code, is
2-15 amended by adding Section 2175.126 to read as follows:
2-16 Sec. 2175.126. DISPOSITION OF DATA PROCESSING EQUIPMENT.
2-17 (a) If a disposition of a state agency's surplus or salvage data
2-18 processing equipment is not made under this subchapter, the state
2-19 agency shall transfer the equipment to the Texas Department of
2-20 Criminal Justice. The state agency may not collect a fee or other
2-21 reimbursement from the Texas Department of Criminal Justice for the
2-22 surplus or salvage data processing equipment.
2-23 (b) If a disposition of the surplus or salvage data
2-24 processing equipment of a state eleemosynary institution or an
2-25 institution or agency of higher education is not made under other
2-26 law, the institution or agency shall transfer the equipment to the
3-1 Texas Department of Criminal Justice. The institution or agency
3-2 may not collect a fee or other reimbursement from the Texas
3-3 Department of Criminal Justice for the surplus or salvage data
3-4 processing equipment.
3-5 SECTION 4. Section 2175.302, Government Code, is amended to
3-6 read as follows:
3-7 Sec. 2175.302. EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS AND
3-8 INSTITUTIONS AND AGENCIES OF HIGHER EDUCATION. Except as provided
3-9 by Section 2175.126(b), this [This] chapter does not apply to the
3-10 disposition of surplus or salvage property by a state eleemosynary
3-11 institution or an institution or agency of higher education.
3-12 SECTION 5. This Act takes effect September 1, 1999.
3-13 SECTION 6. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.
3-18 COMMITTEE AMENDMENT NO. 1
3-19 Amend S.B. 1105, in SECTION 1 of the bill, in added Section
3-20 497.011, Government Code (engrossed version, page 2, between lines
3-21 8 and 9), by adding Subsection (h) to read as follows:
3-22 (h) The department shall ensure that all information stored
3-23 on the surplus or salvage data processing equipment received by the
3-24 department under this section is removed from the equipment before
3-25 any inmate is given access to the equipment. This subsection does
3-26 not require the removal of any operating system or software program
4-1 stored on the data processing equipment.
4-2 76R13998 MCK-D Ellis