S.B. No. 705




AN ACT

relating to the donation by a county of salvage and surplus property 
to a civic or charitable organization.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsection (a), Section 263.152, Local 
Government Code, is amended to read as follows:
	(a)  The commissioners court of a county may:                                  
		(1)  periodically sell the county's surplus or salvage 
property by competitive bid or auction, except that competitive 
bidding or an auction is not necessary if the purchaser is another 
county or a political subdivision within the county that is selling 
the surplus or salvage property;
		(2)  offer the property as a trade-in for new property 
of the same general type if the commissioners court considers that 
action to be in the best interests of the county; [or]
		(3)  order any of the property to be destroyed or 
otherwise disposed of as worthless if the commissioners court 
undertakes to sell that property under Subdivision (1) and is 
unable to do so because no bids are made; or
		(4)  dispose of the property by donating it to a civic 
or charitable organization located in the county if the 
commissioners court determines that:
			(A)  undertaking to sell the property under 
Subdivision (1) would likely result in no bids or a bid price that 
is less than the county's expenses required for the bid process;
			(B)  the donation serves a public purpose; and                        
			(C)  the organization will provide the county with 
adequate consideration, such as relieving the county of 
transportation or disposal expenses related to the property.
	SECTION 2.  Chapter 285, Health and Safety Code, is amended 
by adding Subchapter Z to read as follows:
	SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS
	Sec. 285.901.  DISPOSITION OF SALVAGE AND SURPLUS PROPERTY.  
(a)  In this section:
		(1)  "Salvage property" has the meaning assigned by 
Section 263.151, Local Government Code.
		(2)  "Surplus property" has the meaning assigned by 
Section 263.151, Local Government Code.
	(b)  The governing board of a hospital district may dispose 
of the hospital district's surplus or salvage property in the same 
way that a commissioners court of a county may dispose of the 
county's surplus or salvage property under Section 263.152, Local 
Government Code.
	SECTION 3.  Subsection (c), Section 263.152, Local 
Government Code, is repealed.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the 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.

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 705 passed the Senate on 
May 6, 2003, by the following vote:  Yeas 31, Nays 0; and that the 
Senate concurred in House amendment on May 30, 2003, by the 
following vote:  Yeas 30, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 705 passed the House, with 
amendment, on May 28, 2003, by the following vote:  Yeas 119, 
Nays 0, two present not voting.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor