S.B. 1461 78(R)    BILL ANALYSIS


S.B. 1461
By: Lindsay
County Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Current law allows county commissioners courts to supply surplus or
salvage property to any incorporated volunteer fire departments with which
they have contracted for fire protection services. However, the definition
of salvage property is personal property that has "no value" for the
purpose for which it was originally intended and that has caused problems
for some counties.  Some heavy equipment maintains its residual value,
even if the equipment is very old and heavily used.  S.B. 1461 allows a
county commissioners court to declare fire apparatus and equipment
purchased by the county as surplus or salvage after 15 years of use and
would allow a volunteer fire department to purchase that equipment for
eight percent of its original purchase value. 

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

SECTION 1.  Amends Chapter 352A, Local Government Code, by adding Section
352.006, as follows: 

Sec.  352.006.  SALE OF USED FIRE PROTECTION OR FIRE-FIGHTING EQUIPMENT TO
CERTAIN VOLUNTEER FIRE DEPARTMENTS.  (a)  Defines "volunteer fire
department." 

(b)  Authorizes the commissioners court of a county, notwithstanding
Subchapter D, Chapter 263, or other law, to sell used fire-fighting
equipment, excluding equipment described in Government Code, Chapter
419.040 and Chapter 419.041, to a volunteer fire department for eight
percent of the original purchase value of the equipment if certain
conditions are met. 

SECTION 2.  Effective date:  September 1, 2003.

EFFECTIVE DATE

This Act takes effect immediately if it receives a vote of two-thirds of
all members elected to each house, as provided by Section 39, Article III,
Texas Constitution.  If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.