By Shapleigh S.B. No. 927
77R6458 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer or donation of data processing equipment
1-3 to certain public school students.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 32, Education Code, is amended by adding
1-6 Subchapter C to read as follows:
1-7 SUBCHAPTER C. TRANSFER OF DATA PROCESSING EQUIPMENT TO STUDENTS
1-8 Sec. 32.101. DEFINITION. In this subchapter, "data
1-9 processing" has the meaning assigned by Section 2054.003,
1-10 Government Code.
1-11 Sec. 32.102. AUTHORITY. (a) As provided by this
1-12 subchapter, a school district or open-enrollment charter school may
1-13 transfer to a student enrolled in the district or school:
1-14 (1) any data processing equipment donated to the
1-15 district or school, including equipment donated by:
1-16 (A) a private donor; or
1-17 (B) a state eleemosynary institution or a state
1-18 agency under Section 2175.126, Government Code;
1-19 (2) any equipment purchased by the district or school,
1-20 to the extent consistent with Section 32.105; and
1-21 (3) any surplus or salvage equipment owned by the
1-22 district or school.
1-23 (b) A school district or open-enrollment charter school may
1-24 accept:
2-1 (1) donations of data processing equipment for
2-2 transfer under this subchapter; and
2-3 (2) any gifts, grants, or donations of money or
2-4 services to purchase, refurbish, or repair data processing
2-5 equipment under this subchapter.
2-6 Sec. 32.103. ELIGIBILITY; PREFERENCE. (a) A student is
2-7 eligible to receive data processing equipment under this subchapter
2-8 only if the student does not otherwise have home access to data
2-9 processing equipment, as determined by the student's school
2-10 district or open-enrollment charter school.
2-11 (b) In transferring data processing equipment to students, a
2-12 school district or open-enrollment charter school shall give
2-13 preference to educationally disadvantaged students.
2-14 Sec. 32.104. REQUIREMENTS FOR TRANSFER. Before transferring
2-15 data processing equipment to a student, a school district or
2-16 open-enrollment charter school must:
2-17 (1) adopt rules governing transfers under this
2-18 subchapter, including provisions for technical assistance to the
2-19 student by the district or school;
2-20 (2) determine that the transfer serves a public
2-21 purpose and benefits the district or school; and
2-22 (3) remove from the equipment any offensive,
2-23 confidential, or proprietary information, as determined by the
2-24 district or school.
2-25 Sec. 32.105. EXPENDITURE OF PUBLIC FUNDS. A school district
2-26 or open-enrollment charter school may spend public funds to:
2-27 (1) purchase, refurbish, or repair any data processing
3-1 equipment transferred to a student under this subchapter; and
3-2 (2) store, transport, or transfer data processing
3-3 equipment under this subchapter.
3-4 Sec. 32.106. RETURN OF EQUIPMENT. (a) Except as provided
3-5 by Subsection (b), a student who receives data processing equipment
3-6 from a school district or open-enrollment charter school under
3-7 this subchapter shall return the equipment to the district or
3-8 school not later than the earliest of:
3-9 (1) five years after the date the student receives the
3-10 equipment;
3-11 (2) the date the student graduates;
3-12 (3) the date the student transfers to another school
3-13 district or open-enrollment charter school; or
3-14 (4) the date the student withdraws from school.
3-15 (b) Subsection (a) does not apply if, at the time the
3-16 student is required to return the data processing equipment under
3-17 that subsection, the district or school determines that the
3-18 equipment has no marketable value.
3-19 SECTION 2. Section 2175.126, Government Code, is amended to
3-20 read as follows:
3-21 Sec. 2175.126. DISPOSITION OF DATA PROCESSING EQUIPMENT.
3-22 (a) If a disposition of a state agency's surplus or salvage data
3-23 processing equipment is not made under this subchapter, the state
3-24 agency shall transfer the equipment to a school district or
3-25 open-enrollment charter school in this state under Subchapter C,
3-26 Chapter 32, Education Code, or to the Texas Department of Criminal
3-27 Justice. The state agency may not collect a fee or other
4-1 reimbursement from the district, the school, or the Texas
4-2 Department of Criminal Justice for the surplus or salvage data
4-3 processing equipment.
4-4 (b) If a disposition of the surplus or salvage data
4-5 processing equipment of a state eleemosynary institution or an
4-6 institution or agency of higher education is not made under other
4-7 law, the institution or agency shall transfer the equipment to a
4-8 school district or open-enrollment charter school in this state
4-9 under Subchapter C, Chapter 32, Education Code, or to the Texas
4-10 Department of Criminal Justice. The institution or agency may not
4-11 collect a fee or other reimbursement from the district, the school,
4-12 or the Texas Department of Criminal Justice for the surplus or
4-13 salvage data processing equipment.
4-14 SECTION 3. This Act takes effect immediately if it receives
4-15 a vote of two-thirds of all the members elected to each house, as
4-16 provided by Section 39, Article III, Texas Constitution. If this
4-17 Act does not receive the vote necessary for immediate effect, this
4-18 Act takes effect September 1, 2001.