H.B. 970 78(R)    BILL ANALYSIS


H.B. 970
By: Truitt
County Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, a county that has surplus or salvage property may
dispose of it in several ways. Each of the three ways requires that county
funds be used in some form.  Even if a commissioners court would like to
donate the property, it must first go through a bid process at county
expense that could result in no bids.  House Bill 970 authorizes a
commissioners court to donate surplus or salvage property to a local civic
or charitable organization without having to first undertake a bid process
at the county's expense.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

House Bill 970 amends Section 263.152(a) of the Local Government Code to
authorize a commissioners court to dispose of surplus or salvage property
by donating it to a civic or charitable organization in the county.  The
bill requires that the commissioners court must first determine that the
cost of a bid process would result in no bids or in a bid price that would
be less than the county's expense for the bid process.  The bill also
requires that the commissioners court must first determine that the
donation serves a public purpose.  The bill also requires that the
receiving organization provide the county with adequate relief such as
relieving the county from the costs related to the transportation or
disposal of the property.  The bill repeals Section 263.152(c)in the Local
Government Code that requires the county to undertake a bid process before
it can dispose of property by donating it to a civic or charitable
organization located in the county. 


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.