SRC-SEW S.B. 223 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 223
77R1561 MCK-DBy: Carona
State Affairs
1/30/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas' system for identifying and disposing of surplus state
property and federal property it receives is rather inefficient and costly.
As proposed, S.B. 223 streamlines the state's procedures for identifying
and disposing of surplus property in order to reduce the time required to
move property through the system. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2175.121, Government Code, to require a state
agency that determines it has surplus or salvage property to inform the
comptroller as well as the General Services Commission (commission) of the
property's kind, number, location, condition, original cost or value, and
date of acquisition. 

SECTION 2.  Amends Chapter 2175C, Government Code, by adding Section
2175.1215 as follows: 

Sec. 2175.1215.  ADVERTISING ON THE COMPTROLLER WEB SITE.  Requires the
comptroller to advertise the property's kind, number, location, and
condition on the comptroller's web site not later than the second day after
the date the comptroller receives notice from a state agency that the
agency has surplus or salvage property. 

SECTION 3.  Amends section 2175.122, Government Code, to require the
commission to inform other state agencies, political subdivisions, and
assistance organizations of the comptroller's web site that lists surplus
and salvage property that is available for sale, rather than the commission
receiving notice of surplus or salvage property and specifically informing
certain entities of the property's kind, number, location, and condition.  

SECTION 4.  Amends Section 2175.123, Government Code, to authorize certain
entities to coordinate directly with the reporting state agency for a
transfer of the property during the 10 business days after the date the
property is posted on the comptroller's web site, rather than 30 days after
the date the property is posted on the comptroller's web site. 

SECTION 5.  Amends Section 2175.124, Government Code, as follows:

Sec. 2175.124.  New heading:  NOTICE OF TRANSFER TO COMPTROLLER; ADJUSTMENT
OF APPROPRIATIONS AND PROPERTY ACCOUNTING RECORDS; REMOVAL FROM WEB SITE.
Requires that, if property is transferred under this subchapter, the
participating entities report the transaction to the comptroller.  Requires
that the comptroller remove the property from the list of surplus and
salvage property for sale on the comptroller's web site not later than the
second day after the date the comptroller receives  notice of the transfer
of said property.  Makes conforming changes. 




SECTION 6.  Amends Section 2175.125, Government Code, to make conforming
changes.      

SECTION 7.  Amends Chapter 2175D, Government Code, by adding Section
2175.181, as follows: 

Sec.  2175.181.  SALE USING INTERNET AUCTION.  Requires the commission, if
a disposition of a state agency's surplus or salvage property is not made
under Subchapter C, to sell the property using an Internet auction site and
post the property on the Internet for at least 10 days.  Authorizes the
commission to set a minimum sales price for the property. 

Redesignates existing Section 2175.181 to Section 2175.182.  DISPOSITION BY
COMPETITIVE BIDDING OR AUCTION.  Authorizes the commission, if a
disposition of a state agency's surplus or salvage property is not made
under Subchapter C or under Section 2175.181, to sell the property by
competitive bid or auction or destroy the property as provided by
Subchapter E, rather than delegate to the state agency authority to sell
the property by competitive bidding. 

 Redesignates existing Section 2175.182 to Section 2175.183.  PURCHASER'S
FEE.   

Redesignates existing Section 2175.183 to Section 2175.184.  ADVERTISEMENT
OF SALE.  Makes conforming changes. 

Redesignates existing Section 2175.184 to Section 2175.185.  REPORTING
SALE; PROPERTY ACCOUNTING ADJUSTMENT. 

Redesignates existing Section 2175.185 to Section 2175.186.  PROCEEDS OF
SALE. Makes conforming changes. 

 Redesignates existing Section 2175.186 to Section 2175.187.  PURCHASER'S
TITLE. 

SECTION 8.  Amends Chapter 2175G, Government Code, by adding Section
2175.373, as follows: 

Sec. 2175.373.  STATE AGENCY PROPERTY NEEDS.  Requires the commission to
create a list of property needed by state agencies authorized to be
acquired through the federal surplus property program. 

SECTION 9.  Effective date:  September 1, 2001.