By Armbrister S.B. No. 1313
76R5597 JRD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition and sale of certain surplus and salvage
1-3 property by the state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2175.061, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 2175.061. RULES, FORMS, AND PROCEDURES. (a) The
1-8 commission shall establish and maintain procedures for the
1-9 transfer, lease, lease with an option to purchase, sale, or
1-10 disposal of surplus and salvage property as prescribed by law.
1-11 (b) Subject to the review and comment of the state auditor,
1-12 the commission may prescribe forms and reports necessary to
1-13 administer this chapter and adopt necessary rules, including rules
1-14 governing the sale, lease, lease with an option to purchase, or
1-15 transfer of surplus or salvage property to state agencies,
1-16 political subdivisions, or assistance organizations.
1-17 SECTION 2. Section 2175.063(a), Government Code, is amended
1-18 to read as follows:
1-19 (a) The commission shall attempt to realize the maximum
1-20 benefit to the state in selling, leasing, leasing with an option to
1-21 purchase, or disposing of surplus and salvage property.
1-22 SECTION 3. Subchapter B, Chapter 2175, Government Code, is
1-23 amended by adding Section 2175.066 to read as follows:
1-24 Sec. 2175.066. CENTRAL SURPLUS WAREHOUSE. (a) The
2-1 commission shall establish a central surplus warehouse for the
2-2 transfer, lease, lease with an option to purchase, sale, and
2-3 disposal of state surplus or salvage property.
2-4 (b) The commission shall identify property to be transferred
2-5 to a central surplus warehouse from property determined to be
2-6 surplus or salvage by a state agency under Section 2175.121.
2-7 (c) A state agency maintains ownership of property
2-8 throughout the disposal process. The commission shall inventory
2-9 and protect from deterioration items transferred to the central
2-10 surplus warehouse. The commission shall collect a service charge
2-11 from the purchaser or lessee of surplus property for recovery of
2-12 the cost of processing and operations.
2-13 (d) The commission may lease critically needed surplus
2-14 property to state agencies, political subdivisions, and assistance
2-15 organizations from property identified under Section 2175.121. The
2-16 commission may negotiate with the reporting state agency for a
2-17 transfer to the commission of surplus property needed for statewide
2-18 leasing at any price agreed to by the commission and the reporting
2-19 agency or as a donation. The commission shall lease property under
2-20 this section for an amount necessary to recover its operational and
2-21 maintenance costs. Notwithstanding Section 2175.370(c), the
2-22 commission may use money in the service charge fund under Section
2-23 2175.370 to purchase, transport, recondition, maintain, or
2-24 warehouse state surplus property identified by the commission for
2-25 statewide leasing. Money received by the commission in leasing
2-26 property under this subsection shall be deposited into the service
2-27 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 emergency
3-17 disasters. The commission shall transfer items to the central
3-18 surplus warehouse for emergency disaster 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 emergency disaster
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
3-27 dispose of property no longer needed for reserve inventory purposes
4-1 in accordance with Subchapters C and D.
4-2 SECTION 4. Subchapter C, Chapter 2175, Government Code, is
4-3 amended by adding Section 2175.126 to read as follows:
4-4 Sec. 2175.126. DISPOSAL BY THE FEDERAL SURPLUS PROPERTY
4-5 PROGRAM. (a) If a transfer of property is not negotiated with a
4-6 state agency, political subdivision, or assistance organization
4-7 during the time prescribed by Section 2175.123 and the commission
4-8 determines that the property will not satisfy a state need, the
4-9 commission may notify the federal surplus property program of
4-10 property availability.
4-11 (b) If the state agency that owns the property and the
4-12 commission agree, the federal surplus property program shall
4-13 attempt to arrange a transfer of the property to a state agency,
4-14 political subdivision, or assistance organization without
4-15 establishing a priority on transfers to a state agency.
4-16 (c) The federal surplus property program may:
4-17 (1) provide assistance in negotiating the transfer,
4-18 including negotiation of the fair value of the property;
4-19 (2) screen, transport, or recondition the property;
4-20 (3) warehouse the property temporarily;
4-21 (4) provide other assistance in the transfer; and
4-22 (5) charge fees for its service to entities involved.
4-23 (d) If the federal surplus property program does not arrange
4-24 a transfer of the property within 25 days after the date it is
4-25 notified by the commission, the federal surplus property program
4-26 shall inform the commission and the commission shall sell or
4-27 dispose of the property as provided by Subchapters D and E.
5-1 (e) The commission may adopt necessary rules to govern the
5-2 sale or transfer of surplus or salvage equipment and material to
5-3 state agencies, assistance organizations, or political subdivisions
5-4 under this section.
5-5 (f) The federal surplus property program may contract with a
5-6 state agency to provide assistance related to the handling of
5-7 surplus and salvage property, its disposal, or both.
5-8 SECTION 5. This Act takes effect September 1, 1999.
5-9 SECTION 6. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended.