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.
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