BILL ANALYSIS

 

 

                                                                                                                                           H.B. 2196

                                                                                                                                        By: Madden

                                                                                                                                          Corrections

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Current law permits state agencies to directly transfer surplus or salvage data processing equipment to the Texas Department of Criminal Justice (TDCJ).  Given that it is economically feasible, the department repairs or refurbishes the equipment and sells it to a school district, state agency, or political subdivision.  Local Governments are not permitted to directly transfer surplus or salvage data to TDCJ, and are required to utilize the personal property donation process involving board approval.  HB 2196 provides local governments with transfer authority similar to that of state agencies and significantly reduces the time involved in the acquisition process.

 

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 497.012 (a), Government Code, is amended by specifying that the department may receive data processing equipment from a state agency or any political subdivision that chooses to send the equipment to the department.  Acceptance by the board is not necessary for receipt by the department of equipment under this section.

 

EFFECTIVE DATE

 

Effective immediately, or if the Act does not receive the necessary two thirds vote, the Act takes effect September 1, 2005.