AN ACT
 1-1     relating to the disposition of surplus and salvage property of
 1-2     certain institutions of higher education.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 2175.302, Government Code, is amended to
 1-5     read as follows:
 1-6           Sec. 2175.302.  EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS [AND
 1-7     INSTITUTIONS AND AGENCIES OF HIGHER EDUCATION].  This chapter does
 1-8     not apply to the disposition of surplus or salvage property by a
 1-9     state eleemosynary institution [or an institution or agency of
1-10     higher education].
1-11           SECTION 2.  Subchapter F, Chapter 2175, Government Code, is
1-12     amended by adding Section 2175.304 to read as follows:
1-13           Sec. 2175.304.  EXCEPTION FOR INSTITUTIONS OF HIGHER
1-14     EDUCATION.  (a)  This chapter does not apply to the disposition of
1-15     surplus or salvage property of a university system or of an
1-16     institution or agency of higher education except as provided by
1-17     this section.
1-18           (b)  The governing board of each university system or
1-19     institution or agency of higher education included within the
1-20     definition of "state agency" under Section 2151.002 shall establish
1-21     written procedures for the disposition of surplus or salvage
1-22     property of the system, institution, or agency.  The procedures
1-23     shall allow for the direct transfer of materials or equipment that
1-24     can be used for instructional purposes to a public school or school
 2-1     district at a price or for other consideration to which the system,
 2-2     institution, or agency and the public school or school district
 2-3     agree or for no consideration as the system, institution, or agency
 2-4     determines appropriate.
 2-5           (c)  The procedures established under Subsection (b) must
 2-6     give preference to transferring the property directly to a public
 2-7     school or school district before disposing of the property in
 2-8     another manner.  If more than one public school or school district
 2-9     seeks to acquire the same property on substantially the same terms,
2-10     the system, institution, or agency shall give preference to a
2-11     public school that is considered low-performing by the commissioner
2-12     of education or to a school district that has a taxable wealth per
2-13     student that entitles the district to an allotment of state funds
2-14     under Subchapter F, Chapter 42, Education Code.
2-15           SECTION 3.  Subchapter C, Chapter 61, Education Code, is
2-16     amended by adding Section 61.085 to read as follows:
2-17           Sec. 61.085.  ON-LINE SURPLUS PROPERTY RESOURCE.  (a)  The
2-18     board shall establish and maintain an Internet site or similar
2-19     facility accessible to school districts by telecommunication to
2-20     allow an institution of higher education to provide notice to
2-21     school districts  in this state of any available surplus or salvage
2-22     property of the institution that consists of instructional
2-23     materials or that may be used for instructional purposes.  The
2-24     board shall operate the facility to allow a school district to make
2-25     a direct inquiry to an institution regarding the possible
2-26     acquisition of property by the school district.
 3-1           (b)  The board may charge a fee for an institution or school
 3-2     district to use the facility.
 3-3           SECTION 4.  This Act takes effect September 1, 1999.
 3-4           SECTION 5.  The importance of this legislation and the
 3-5     crowded condition of the calendars in both houses create an
 3-6     emergency and an imperative public necessity that the
 3-7     constitutional rule requiring bills to be read on three several
 3-8     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1451 passed the Senate on
         April 15, 1999, by the following vote:  Yeas 30, Nays 0; and that
         the Senate concurred in House amendment on May 28, 1999, by a
         viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1451 passed the House, with
         amendment, on May 25, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor