76R9941 JSA-D                          
         By West                                               S.B. No. 1451
         Substitute the following for S.B. No. 1451:
         By Rangel                                         C.S.S.B. No. 1451
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the disposition of surplus and salvage property of
 1-3     certain institutions of higher education.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2175.302, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 2175.302.  EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS [AND
 1-8     INSTITUTIONS AND AGENCIES OF HIGHER EDUCATION].  This chapter does
 1-9     not apply to the disposition of surplus or salvage property by a
1-10     state eleemosynary institution [or an institution or agency of
1-11     higher education].
1-12           SECTION 2.  Subchapter F, Chapter 2175, Government Code, is
1-13     amended by adding Section 2175.304 to read as follows:
1-14           Sec. 2175.304.  EXCEPTION FOR INSTITUTIONS OF HIGHER
1-15     EDUCATION.  (a)  This chapter does not apply to the disposition of
1-16     surplus or salvage property of a university system or of an
1-17     institution or agency of higher education except as provided by
1-18     this section.
1-19           (b)  The governing board of each university system or
1-20     institution or agency of higher education included within the
1-21     definition of "state agency" under Section 2151.002 shall establish
1-22     written procedures for the disposition of surplus or salvage
1-23     property of the system, institution, or agency.  The procedures
 2-1     shall allow for the direct transfer of materials or equipment that
 2-2     can be used for instructional purposes to a public school or school
 2-3     district at a price or for other consideration to which the system,
 2-4     institution, or agency and the public school or school district
 2-5     agree or for no consideration as the system, institution, or agency
 2-6     determines appropriate.
 2-7           (c)  The procedures established under Subsection (b) must
 2-8     give preference to transferring the property directly to a public
 2-9     school or school district before disposing of the property in
2-10     another manner.  If more than one public school or school district
2-11     seeks to acquire the same property on substantially the same terms,
2-12     the system, institution, or agency shall give preference to a
2-13     public school that is considered low-performing by the commissioner
2-14     of education or to a school district that has a taxable wealth per
2-15     student that entitles the district to an allotment of state funds
2-16     under Subchapter F, Chapter 42, Education Code.
2-17           SECTION 3.  Subchapter C, Chapter 61, Education Code, is
2-18     amended by adding Section 61.085 to read as follows:
2-19           Sec. 61.085.  ON-LINE SURPLUS PROPERTY RESOURCE.  (a)  The
2-20     board shall establish and maintain an Internet site or similar
2-21     facility accessible to school districts by telecommunication to
2-22     allow an institution of higher education to provide notice to
2-23     school districts  in this state of any available surplus or salvage
2-24     property of the institution that consists of instructional
2-25     materials or that may be used for instructional purposes.  The
2-26     board shall operate the facility to allow a school district to make
2-27     a direct inquiry to an institution regarding the possible
 3-1     acquisition of property by the school district.
 3-2           (b)  The board may charge a fee for an institution or school
 3-3     district to use the facility.
 3-4           SECTION 4.  This Act takes effect September 1, 1999.
 3-5           SECTION 5.  The importance of this legislation and the
 3-6     crowded condition of the calendars in both houses create an
 3-7     emergency and an imperative public necessity that the
 3-8     constitutional rule requiring bills to be read on three several
 3-9     days in each house be suspended, and this rule is hereby suspended.