1-1     By:  Ratliff, Barrientos                              S.B. No. 1105
 1-2           (In the Senate - Filed March 10, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     April 8, 1999, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 0; April 8, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to repair and resale of certain data processing equipment.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Subchapter A, Chapter 497, Government Code, is
1-11     amended by adding Section 497.011 to read as follows:
1-12           Sec. 497.011.  REPAIR AND RESALE OF SURPLUS DATA PROCESSING
1-13     EQUIPMENT.  (a)  The department may receive surplus or salvage data
1-14     processing equipment under Chapter 2175.
1-15           (b)  If the department determines that it is economically
1-16     feasible, the department shall repair or refurbish the surplus or
1-17     salvage data processing equipment.  The department shall sell the
1-18     repaired or refurbished data processing equipment to a school
1-19     district, a state agency, or a political subdivision of the state
1-20     in that relative order of preference.
1-21           (c)  If it is not economically feasible to repair or
1-22     refurbish the surplus or salvage data processing equipment, the
1-23     department shall disassemble the equipment and sell the components
1-24     or retain the components in the department's inventory for future
1-25     use.
1-26           (d)  The department shall attempt to realize the maximum
1-27     benefit to the state in selling repaired or refurbished data
1-28     processing equipment or the components.
1-29           (e)  The sales price of the components or the repaired or
1-30     refurbished data processing equipment must be sufficient to defray
1-31     the cost of repairing, refurbishing, or disassembling the data
1-32     processing equipment.
1-33           (f)  Proceeds from the sale of the components or the repaired
1-34     or refurbished data processing equipment shall be deposited in the
1-35     industrial revolving account.  The proceeds may  be used only to
1-36     reduce the cost of repairing and refurbishing data processing
1-37     equipment.
1-38           (g)  The department may adopt rules to implement this
1-39     section.
1-40           SECTION 2.  Section 2175.001, Government Code, is amended by
1-41     adding Subdivision (5) to read as follows:
1-42                 (5)  "Data processing equipment" means equipment
1-43     described by Section 2054.003(3)(A).
1-44           SECTION 3.  Subchapter C, Chapter 2175, Government Code, is
1-45     amended by adding Section 2175.126 to read as follows:
1-46           Sec. 2175.126.  DISPOSITION OF DATA PROCESSING EQUIPMENT.
1-47     (a)  If a disposition of a state agency's surplus or salvage data
1-48     processing equipment is not made under this subchapter, the state
1-49     agency shall transfer the equipment to the Texas Department of
1-50     Criminal Justice.  The state agency may not collect a fee or other
1-51     reimbursement from the Texas Department of Criminal Justice for the
1-52     surplus or salvage data processing equipment.
1-53           (b)  If a disposition of the surplus or salvage data
1-54     processing equipment of a state eleemosynary institution or an
1-55     institution or agency of higher education is not made under other
1-56     law, the institution or agency shall transfer the equipment to the
1-57     Texas Department of Criminal Justice.  The institution or agency
1-58     may not collect a fee or other reimbursement from the Texas
1-59     Department of Criminal Justice for the surplus or salvage data
1-60     processing equipment.
1-61           SECTION 4.  Section 2175.302, Government Code, is amended to
1-62     read as follows:
1-63           Sec. 2175.302.  EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS AND
1-64     INSTITUTIONS AND AGENCIES OF HIGHER EDUCATION.  Except as provided
 2-1     by Section 2175.126(b), this [This] chapter does not apply to the
 2-2     disposition of surplus or salvage property by a state eleemosynary
 2-3     institution or an institution or agency of higher education.
 2-4           SECTION 5.  This Act takes effect September 1, 1999.
 2-5           SECTION 6.  The importance of this legislation and the
 2-6     crowded condition of the calendars in both houses create an
 2-7     emergency and an imperative public necessity that the
 2-8     constitutional rule requiring bills to be read on three several
 2-9     days in each house be suspended, and this rule is hereby suspended.
2-10                                  * * * * *