By Ratliff                                            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
2-27     Texas Department of Criminal Justice.  The institution or agency
 3-1     may not collect a fee or other reimbursement from the Texas
 3-2     Department of Criminal Justice for the surplus or salvage data
 3-3     processing equipment.
 3-4           SECTION 4.  Section 2175.302, Government Code, is amended to
 3-5     read as follows:
 3-6           Sec. 2175.302.  EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS AND
 3-7     INSTITUTIONS AND AGENCIES OF HIGHER EDUCATION.  Except as provided
 3-8     by Section 2175.126(b), this [This] chapter does not apply to the
 3-9     disposition of surplus or salvage property by a state eleemosynary
3-10     institution or an institution or agency of higher education.
3-11           SECTION 5.  This Act takes effect September 1, 1999.
3-12           SECTION 6.  The importance of this legislation and the
3-13     crowded condition of the calendars in both houses create an
3-14     emergency and an imperative public necessity that the
3-15     constitutional rule requiring bills to be read on three several
3-16     days in each house be suspended, and this rule is hereby suspended.