S.B. 912 78(R)    BILL ANALYSIS


S.B. 912
By: Ratliff
State Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Computers for Learning (CFL) is a Department of Human Services (DHS)
program that develops community partnerships with businesses and state
agencies for donations and transfers of surplus and damaged computer
equipment.  CFL then reconditions the computer equipment and places it in
the homes of low-income  students.  Since its inception two years ago, CFL
has helped 460 low-income students begin to bridge the digital divide by
providing them with free home computers, internet access, computer
training, and technical support. 

Some state agencies have been hesitant to transfer surplus or damaged
computer equipment to CFL because they are unsure whether existing state
law authorizes them to do so. 

The purpose of Senate Bill 912 is to make organizations like CFL eligible
to receive surplus or damaged computer equipment and property from state
agencies and institutions. 

RULEMAKING AUTHORITY

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

ANALYSIS

Senate Bill 912 amends Section 2175.001(1) of the Government Code to
provide that a nonprofit computer bank that solicits, stores, refurbishes,
and redistributes used computer equipment to public school students and
their families is included in the definition of "assistance organization." 

The bill amends Section 2175.128 of the Government Code to allow state
agencies to transfer, under certain circumstances, surplus or salvage data
processing equipment to an assistance organization specified by a school
district, and provides that a fee or other reimbursement may not be
collected from the assistance organization for the equipment transferred
under that section.  Makes conforming changes. 

The bill amends Sections 2175.304(b) and (c) of the Government Code to
allow university systems to transfer surplus or salvage property to an
assistance organization designated by a school district at either an
agreed price or for free.  The bill also adds an assistance organization
specified by the school district to the list of entities that must be
given preference when such entities transfer surplus or salvage property.

The bill amends Subchapter E, Chapter 2175, Government Code, by adding
Section 2175.306 to provide that Chapter 2175 (Surplus and Salvage
Property) does not apply to the disposition of surplus computer equipment
by a state agency involved in the areas of health, human services, or
education, except for an agency to which Section 2175.304 applies.  Those
agencies shall give preference to transferring the property to a public
school, school district, or assistance organization specified by a school
district. 

EFFECTIVE DATE

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