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BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 288

79R3831 MXM-D                                                                                                        By: Shapleigh

                                                                                                                  Government Organization

                                                                                                                                            2/21/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, surplus property reported on the State Property Accounting Inventory is not allowed to be transferred to Mexico. There is no history of a state program in Texas that donates the surplus state property to Mexico and allows the donated property to be removed from the property accounting records.  At this time, only the surplus state property that is destroyed is permitted to be removed from state property accounting records.

 

 Obsolete property in the State of Texas may be found to have usefulness in Mexico.  Property that could be transferred includes air/water monitoring equipment, medical testing equipment, used vehicles, hospital beds, heavy construction or farming equipment along with other types of property.  For example, if the State of Texas could transport its surplus environmental monitoring equipment to Mexico, it would improve environmental conditions in Texas along the border, as Mexico's air quality gravely impacts that of Texas.  Mexico's current lack of environmental monitoring equipment prevents officials from providing timely information to its citizens and to Texas regarding environmental conditions within that country.  The transfer of surplus property from Texas to Mexico will be appreciated by both sides and will save Texas money by removing surplus equipment from its inventory.

 

As proposed, S.B. 288 modifies state law that restricts transfer of surplus property to Mexico.  For state surplus property that cannot be sold or disposed of, the bill allows it to be donated to the United Mexican States contiguous to Texas.  The comptroller may then remove the donated property from state property accounting records.  In addition, S.B. 288 allows a university system, institution, or agency of higher education to donate to Mexico any surplus or salvage property that is not disposed of and has no resale value.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends the heading to Subchapter E, Chapter 2175, Government Code, to read as follows:

 

SUBCHAPTER E.  DESTRUCTION OR DONATION OF SURPLUS OR SALVAGE PROPERTY

 

SECTION 2.  Amends Section 2175.241, Government Code, as follows:

 

            Sec. 2175.241.  New heading:  DESTRUCTION OR DONATION OF SURPLUS OR    SALVAGE PROPERTY.  Includes that property may be donated to a state in the United        Mexican States that is adjacent to Texas that if it cannot otherwise be sold or disposed of        according to this chapter or if it has no resale value.

 

SECTION 3.  Amends the heading of Section 2175.242, Government Code, to read as follows:

           

            Sec. 2175.242.  REMOVAL OF DESTROYED OR DONATED PROPERTY FROM     STATE PROPERTY ACCOUNTING RECORDS.

 

SECTION 4.  Amends Section 2175.242(a), Government Code, to authorize the comptroller to remove property, rather than destroyed property, from the state property accounting records upon destruction or donation of property under this subchapter.

 

SECTION 5.  Amends Section 2175.304, Government Code, by adding Subsection (d), to authorize a university system or institution or agency of higher education to donate certain surplus or salvage property to a state in the United Mexican States that is adjacent to this state.

 

SECTION 6.  Effective date:  upon passage or September 1, 2005.