BILL ANALYSIS

 

 

Senate Research Center                                                                                                 C.S.S.B. 322

79R13958 MTB-F                                                                                                            By: Staples

                                                                                                 Transportation & Homeland Security

                                                                                                                                              5/4/2005

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, the proceeds from the sale of surplus and salvage personal property of the Texas Department of Transportation and the Texas Department of Public Safety are deposited into the general revenue fund.  C.S.S.B. 322 requires proceeds from the sale of surplus personal property originally purchased with state highway funds to be deposited to the state highway fund.

 

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 Section 2175.134, Government Code, by adding Subsection (b) and amending Subsection (c), as follows:

 

(b) Requires proceeds from the sale of surplus or salvage property originally purchased with money from the state highway fund to be deposited to the credit of the state highway fund.  Requires the portion of the sale proceeds equal to the cost of advertising the sale and the cost of selling the surplus or salvage property, including the cost of auctioneer services, to be deposited to the credit of the general revenue fund if the costs were not paid from the state highway fund.  Requires the fee collected under Section 2175.131 (Purchaser's Fee) to be deposited to the credit of the general revenue fund. 

 

(c) Requires proceeds from the sale of surplus and salvage property of the State Aircraft Pooling Board (board) to be deposited to the credit of the state highway fund, rather than to the credit of the board.

 

SECTION 2.  Amends Section 2175.191, Government Code, by adding Subsection (b) and amending Subsection (c), as follows:

 

(b) Requires proceeds from the sale of surplus or salvage property originally purchased with money from the state highway fund to be deposited to the credit of the state highway fund.  Requires the portion of the sale proceeds equal to the cost of advertising the sale and the cost of selling the surplus or salvage property, including the cost of auctioneer services, to be deposited to the credit of the general revenue fund if the costs were not paid from the state highway fund.  Requires the fee collected under Section 2175.188 (Purchaser's Fee) to be deposited to the credit of the general revenue fund. 

 

(c) Requires proceeds from the sale of surplus and salvage property of the board to be deposited to the credit of the state highway fund, rather than to the credit of the board.

 

SECTION 3.  Amends Section 31.1573(c), Natural Resources Code, to require the proceeds of [a real estate] transaction  [authorized by the governor] to be deposited to the credit of the Texas capital trust fund, with certain exceptions, rather than to the credit of the Texas capital trust fund if the agency is eligible under Chapter 2201 (Texas Capital Trust Fund), Government Code, to participate in that fund.  Alternatively, requires the proceeds to be deposited in the state treasury to the credit of the state highway fund, if the real property was originally purchased in whole or in part with money from the state highway fund, rather than to the credit of the affected agency if the agency is not eligible under Chapter 2201, Government Code, to participate in the Texas capital trust fund.

 

SECTION 4.  Effective date: September 1, 2007.