1-1 By: Shapleigh S.B. No. 927 1-2 (In the Senate - Filed February 26, 2001; February 27, 2001, 1-3 read first time and referred to Committee on Education; 1-4 May 3, 2001, reported favorably by the following vote: Yeas 8, 1-5 Nays 0; May 3, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the transfer or donation of data processing equipment 1-9 to certain public school students. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 32, Education Code, is amended by adding 1-12 Subchapter C to read as follows: 1-13 SUBCHAPTER C. TRANSFER OF DATA PROCESSING EQUIPMENT TO STUDENTS 1-14 Sec. 32.101. DEFINITION. In this subchapter, "data 1-15 processing" has the meaning assigned by Section 2054.003, 1-16 Government Code. 1-17 Sec. 32.102. AUTHORITY. (a) As provided by this 1-18 subchapter, a school district or open-enrollment charter school may 1-19 transfer to a student enrolled in the district or school: 1-20 (1) any data processing equipment donated to the 1-21 district or school, including equipment donated by: 1-22 (A) a private donor; or 1-23 (B) a state eleemosynary institution or a state 1-24 agency under Section 2175.126, Government Code; 1-25 (2) any equipment purchased by the district or school, 1-26 to the extent consistent with Section 32.105; and 1-27 (3) any surplus or salvage equipment owned by the 1-28 district or school. 1-29 (b) A school district or open-enrollment charter school may 1-30 accept: 1-31 (1) donations of data processing equipment for 1-32 transfer under this subchapter; and 1-33 (2) any gifts, grants, or donations of money or 1-34 services to purchase, refurbish, or repair data processing 1-35 equipment under this subchapter. 1-36 Sec. 32.103. ELIGIBILITY; PREFERENCE. (a) A student is 1-37 eligible to receive data processing equipment under this subchapter 1-38 only if the student does not otherwise have home access to data 1-39 processing equipment, as determined by the student's school 1-40 district or open-enrollment charter school. 1-41 (b) In transferring data processing equipment to students, a 1-42 school district or open-enrollment charter school shall give 1-43 preference to educationally disadvantaged students. 1-44 Sec. 32.104. REQUIREMENTS FOR TRANSFER. Before transferring 1-45 data processing equipment to a student, a school district or 1-46 open-enrollment charter school must: 1-47 (1) adopt rules governing transfers under this 1-48 subchapter, including provisions for technical assistance to the 1-49 student by the district or school; 1-50 (2) determine that the transfer serves a public 1-51 purpose and benefits the district or school; and 1-52 (3) remove from the equipment any offensive, 1-53 confidential, or proprietary information, as determined by the 1-54 district or school. 1-55 Sec. 32.105. EXPENDITURE OF PUBLIC FUNDS. A school district 1-56 or open-enrollment charter school may spend public funds to: 1-57 (1) purchase, refurbish, or repair any data processing 1-58 equipment transferred to a student under this subchapter; and 1-59 (2) store, transport, or transfer data processing 1-60 equipment under this subchapter. 1-61 Sec. 32.106. RETURN OF EQUIPMENT. (a) Except as provided 1-62 by Subsection (b), a student who receives data processing equipment 1-63 from a school district or open-enrollment charter school under 1-64 this subchapter shall return the equipment to the district or 2-1 school not later than the earliest of: 2-2 (1) five years after the date the student receives the 2-3 equipment; 2-4 (2) the date the student graduates; 2-5 (3) the date the student transfers to another school 2-6 district or open-enrollment charter school; or 2-7 (4) the date the student withdraws from school. 2-8 (b) Subsection (a) does not apply if, at the time the 2-9 student is required to return the data processing equipment under 2-10 that subsection, the district or school determines that the 2-11 equipment has no marketable value. 2-12 SECTION 2. Section 2175.126, Government Code, is amended to 2-13 read as follows: 2-14 Sec. 2175.126. DISPOSITION OF DATA PROCESSING EQUIPMENT. 2-15 (a) If a disposition of a state agency's surplus or salvage data 2-16 processing equipment is not made under this subchapter, the state 2-17 agency shall transfer the equipment to a school district or 2-18 open-enrollment charter school in this state under Subchapter C, 2-19 Chapter 32, Education Code, or to the Texas Department of Criminal 2-20 Justice. The state agency may not collect a fee or other 2-21 reimbursement from the district, the school, or the Texas 2-22 Department of Criminal Justice for the surplus or salvage data 2-23 processing equipment. 2-24 (b) If a disposition of the surplus or salvage data 2-25 processing equipment of a state eleemosynary institution or an 2-26 institution or agency of higher education is not made under other 2-27 law, the institution or agency shall transfer the equipment to a 2-28 school district or open-enrollment charter school in this state 2-29 under Subchapter C, Chapter 32, Education Code, or to the Texas 2-30 Department of Criminal Justice. The institution or agency may not 2-31 collect a fee or other reimbursement from the district, the school, 2-32 or the Texas Department of Criminal Justice for the surplus or 2-33 salvage data processing equipment. 2-34 SECTION 3. This Act takes effect immediately if it receives 2-35 a vote of two-thirds of all the members elected to each house, as 2-36 provided by Section 39, Article III, Texas Constitution. If this 2-37 Act does not receive the vote necessary for immediate effect, this 2-38 Act takes effect September 1, 2001. 2-39 * * * * *