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 * * * * *