By: Armbrister S.B. No. 1313
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the disposition and sale of certain surplus and salvage
1-2 property by the state.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2175.061, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 2175.061. RULES, FORMS, AND PROCEDURES. (a) The
1-7 commission shall establish and maintain procedures for the
1-8 transfer, lease, lease with an option to purchase, sale, or
1-9 disposal of surplus and salvage property as prescribed by law.
1-10 (b) Subject to the review and comment of the state auditor,
1-11 the commission may prescribe forms and reports necessary to
1-12 administer this chapter and may adopt necessary rules, including
1-13 rules governing the sale, lease, lease with an option to purchase,
1-14 or transfer of surplus or salvage property to state agencies,
1-15 political subdivisions, or assistance organizations.
1-16 SECTION 2. Subsection (a), Section 2175.063, Government
1-17 Code, is amended to read as follows:
1-18 (a) The commission shall attempt to realize the maximum
1-19 benefit to the state in selling, leasing, leasing with an option to
1-20 purchase, or disposing of surplus and salvage property.
1-21 SECTION 3. Subchapter B, Chapter 2175, Government Code, is
1-22 amended by adding Section 2175.066 to read as follows:
1-23 Sec. 2175.066. CENTRAL SURPLUS WAREHOUSE. (a) The
1-24 commission shall establish a central surplus warehouse for the
2-1 transfer, lease, lease with an option to purchase, sale, and
2-2 disposal of state surplus or salvage property.
2-3 (b) The commission shall identify property to be transferred
2-4 to a central surplus warehouse from property determined to be
2-5 surplus or salvage by a state agency under Section 2175.121.
2-6 (c) A state agency maintains ownership of property
2-7 throughout the disposal process. The commission shall inventory
2-8 and protect from deterioration items transferred to the central
2-9 surplus warehouse. The commission shall collect a service charge
2-10 from the purchaser or lessee of surplus property for recovery of
2-11 the cost of processing and operations.
2-12 (d) The commission may lease critically needed surplus
2-13 property to state agencies, political subdivisions, and assistance
2-14 organizations from property identified under Section 2175.121. The
2-15 commission may negotiate with the reporting state agency for a
2-16 transfer to the commission of surplus property needed for statewide
2-17 leasing at any price agreed to by the commission and the reporting
2-18 agency or as a donation. The commission shall lease property under
2-19 this section for an amount necessary to recover its operational and
2-20 maintenance costs. Notwithstanding Section 2175.370(c), the
2-21 commission may use money in the service charge fund under Section
2-22 2175.370 to purchase, transport, recondition, maintain, or
2-23 warehouse state surplus property identified by the commission for
2-24 statewide leasing. Money received by the commission in leasing
2-25 property under this subsection shall be deposited into the service
2-26 charge fund under Section 2175.370. The commission shall dispose
3-1 of property no longer needed for leasing under this subsection in
3-2 accordance with Subchapters C and D.
3-3 (e) The commission may sell from a central surplus
3-4 warehouse, direct to the public, surplus and salvage property that
3-5 has not been directly transferred to a state agency, political
3-6 subdivision, or assistance organization during the time prescribed
3-7 by Section 2175.123. The commission may not offer the property to
3-8 the public at a lower price than the price originally established
3-9 by the state agency reporting the property. The commission shall
3-10 recover the cost of processing and operations from a purchaser
3-11 under this subsection. If property has not been sold from the
3-12 central surplus warehouse to the public within 30 days, the
3-13 commission shall dispose of the property in accordance with
3-14 Subchapter D.
3-15 (f) As surplus property becomes available, the commission
3-16 shall maintain an inventory of surplus items needed for disaster
3-17 emergencies. The commission shall transfer items to the central
3-18 surplus warehouse for disaster emergency purposes at no charge to
3-19 the state agency that owns the property. The commission shall
3-20 dispose of property no longer needed for disaster emergency
3-21 purposes in accordance with Subchapters C and D.
3-22 (g) As surplus property becomes available, the commission
3-23 shall maintain an inventory of surplus items commonly used by state
3-24 agencies. The commission shall transfer the items to the central
3-25 surplus warehouse for reserve inventory purposes at no charge to
3-26 the state agency that owns the property. The commission shall
4-1 dispose of property no longer needed for reserve inventory purposes
4-2 in accordance with Subchapters C and D.
4-3 SECTION 4. Subchapter C, Chapter 2175, Government Code, is
4-4 amended by adding Section 2175.126 to read as follows:
4-5 Sec. 2175.126. DISPOSAL BY THE FEDERAL SURPLUS PROPERTY
4-6 PROGRAM. (a) If a transfer of property is not negotiated with a
4-7 state agency, political subdivision, or assistance organization
4-8 during the time prescribed by Section 2175.123 and the commission
4-9 determines that the property will not satisfy a state need, the
4-10 commission may notify the federal surplus property program of
4-11 property availability.
4-12 (b) If the state agency that owns the property and the
4-13 commission agree, the federal surplus property program shall
4-14 attempt to arrange a transfer of the property to a state agency,
4-15 political subdivision, or assistance organization without
4-16 establishing a priority on transfers to a state agency.
4-17 (c) The federal surplus property program may:
4-18 (1) provide assistance in negotiating the transfer,
4-19 including negotiation of the fair value of the property;
4-20 (2) screen, transport, or recondition the property;
4-21 (3) warehouse the property temporarily;
4-22 (4) provide other assistance in the transfer; and
4-23 (5) charge fees for its service to entities involved.
4-24 (d) If the federal surplus property program does not arrange
4-25 a transfer of the property within 25 days after the date it is
4-26 notified by the commission, the federal surplus property program
5-1 shall inform the commission and the commission shall sell or
5-2 dispose of the property as provided by Subchapters D and E.
5-3 (e) The commission may adopt necessary rules to govern the
5-4 sale or transfer of surplus or salvage equipment and material to
5-5 state agencies, assistance organizations, or political subdivisions
5-6 under this section.
5-7 (f) The federal surplus property program may contract with a
5-8 state agency to provide assistance related to the handling of
5-9 surplus and salvage property, its disposal, or both.
5-10 SECTION 5. This Act takes effect September 1, 1999.
5-11 SECTION 6. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.