By West                                               S.B. No. 1451
         76R3467 JSA-D                           
                                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 2175.125, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 2175.125.  PRIORITIES [PRIORITY] FOR TRANSFER [TO STATE
 1-8     AGENCY].  (a)  Except as provided by Subsection (b), during
 1-9     [During] the  30 days after the date of notice under Section
1-10     2175.122, a transfer to a state agency has priority over any other
1-11     transfer under rules adopted by the commission.
1-12           (b)  If the state agency that has surplus or salvage property
1-13     available for transfer is an institution of higher education,
1-14     during the 30 days  after the date of notice under Section 2175.122
1-15     the institution under rules of the commission shall give preference
1-16     to transferring the property to an entity that requests the
1-17     property in the following order of priority:
1-18                 (1)  a public school or school district;
1-19                 (2)  another state agency or a political subdivision
1-20     other than a school district; or
1-21                 (3)  an assistance agency.
1-22           SECTION 2.  Section 2175.302, Government Code, is amended to
1-23     read as follows:
1-24           Sec. 2175.302.  EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS [AND
 2-1     INSTITUTIONS AND AGENCIES OF HIGHER EDUCATION].  This chapter does
 2-2     not apply to the disposition of surplus or salvage property by a
 2-3     state eleemosynary institution [or an institution or agency of
 2-4     higher education].
 2-5           SECTION 3.  Subchapter D, Chapter 2175, Government Code, is
 2-6     amended by adding Section 2175.1815 to read as follows:
 2-7           Sec. 2175.1815.  EXCEPTION FOR INSTITUTIONS OF HIGHER
 2-8     EDUCATION.  This subchapter does not apply to an institution of
 2-9     higher education.  An  institution of higher education shall
2-10     dispose of its surplus and salvage property not transferred to
2-11     another entity under Subchapter C under procedures established by
2-12     the institution.
2-13           SECTION 4.  This Act takes effect September 1, 1999.
2-14           SECTION 5.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.