1-1 By: West S.B. No. 1451
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Education; April 6, 1999,
1-4 reported favorably by the following vote: Yeas 8, Nays 0;
1-5 April 6, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the disposition of surplus and salvage property of
1-9 certain institutions of higher education.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2175.125, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 2175.125. PRIORITIES [PRIORITY] FOR TRANSFER [TO STATE
1-14 AGENCY]. (a) Except as provided by Subsection (b), during
1-15 [During] the 30 days after the date of notice under Section
1-16 2175.122, a transfer to a state agency has priority over any other
1-17 transfer under rules adopted by the commission.
1-18 (b) If the state agency that has surplus or salvage property
1-19 available for transfer is an institution of higher education,
1-20 during the 30 days after the date of notice under Section 2175.122
1-21 the institution under rules of the commission shall give preference
1-22 to transferring the property to an entity that requests the
1-23 property in the following order of priority:
1-24 (1) a public school or school district;
1-25 (2) another state agency or a political subdivision
1-26 other than a school district; or
1-27 (3) an assistance agency.
1-28 SECTION 2. Section 2175.302, Government Code, is amended to
1-29 read as follows:
1-30 Sec. 2175.302. EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS [AND
1-31 INSTITUTIONS AND AGENCIES OF HIGHER EDUCATION]. This chapter does
1-32 not apply to the disposition of surplus or salvage property by a
1-33 state eleemosynary institution [or an institution or agency of
1-34 higher education].
1-35 SECTION 3. Subchapter D, Chapter 2175, Government Code, is
1-36 amended by adding Section 2175.1815 to read as follows:
1-37 Sec. 2175.1815. EXCEPTION FOR INSTITUTIONS OF HIGHER
1-38 EDUCATION. This subchapter does not apply to an institution of
1-39 higher education. An institution of higher education shall dispose
1-40 of its surplus and salvage property not transferred to another
1-41 entity under Subchapter C under procedures established by the
1-42 institution.
1-43 SECTION 4. This Act takes effect September 1, 1999.
1-44 SECTION 5. The importance of this legislation and the
1-45 crowded condition of the calendars in both houses create an
1-46 emergency and an imperative public necessity that the
1-47 constitutional rule requiring bills to be read on three several
1-48 days in each house be suspended, and this rule is hereby suspended.
1-49 * * * * *