78R5771 MCK-D

By:  Cook of Colorado                                             H.B. No. 3047



A BILL TO BE ENTITLED

AN ACT

relating to the disposition of certain surplus and salvage property 
of the state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2175.061, Government Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  Notwithstanding any other provision of this chapter, 
the commission may by rule determine the best method of disposal for 
surplus and salvage property of the state.
	SECTION 2.  Section 2175.134(a), Government Code, is amended 
to read as follows:
	(a)  Proceeds from the sale of surplus or salvage property [, 
less the cost of advertising the sale, the cost of selling the 
surplus or salvage property, including the cost of auctioneer 
services, and the amount of the fee collected under Section 
2175.131,] shall be deposited to the credit of the general revenue 
fund of the state treasury [appropriate appropriation item of the 
state agency for which the sale was made].
	SECTION 3.  Section 2175.182(a), Government Code, is amended 
to read as follows:
	(a)  The commission is responsible for the disposal of 
surplus or salvage property under this subchapter.  The commission 
may take physical possession of the property.  [A state agency 
maintains ownership of property throughout the disposal process.]
	SECTION 4.  Section 2175.184, Government Code, is amended to 
read as follows:
	Sec. 2175.184.  DIRECT TRANSFER.  During the 10 business 
days after the date the property is posted on the comptroller's 
website, a state agency, political subdivision, or assistance 
organization may coordinate with the commission for a transfer of 
the property at a price established by the commission in 
cooperation with the transferring agency.  [A transfer to a state 
agency has priority over any other transfer during this period.]
	SECTION 5.  Section 2175.185(b), Government Code, is amended 
to read as follows:
	(b)  On receiving notice under this section, the comptroller 
shall, if necessary, [:
		[(1) debit and credit the proper appropriations;  and        
		[(2)] adjust state property accounting records.              
	SECTION 6.  Section 2175.191(a), Government Code, is amended 
to read as follows:
	(a)  Proceeds from the sale of surplus or salvage property [, 
less the cost of advertising the sale, the cost of selling the 
surplus or salvage property, including the cost of auctioneer 
services, and the amount of the fee collected under Section 
2175.188,] shall be deposited to the credit of the general revenue 
fund of the state treasury [appropriate appropriation item of the 
state agency for which the sale was made].
	SECTION 7.  Section 2175.301(b), Government Code, is amended 
to read as follows:
	(b)  If surplus property of either house of the legislature 
is sold, proceeds of the sale shall be deposited in the general 
revenue fund of the state treasury [to the credit of that house's 
appropriation].
	SECTION 8.  Sections 2175.134(b) and 2175.191(b), 
Government Code, are repealed.
	SECTION 9.  This Act applies only to surplus and salvage 
property of the state sold on or after September 1, 2003.
	SECTION 10.  This Act takes effect September 1, 2003.