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By:  Shapleigh                                                    S.B. No. 288
	(In the Senate - Filed January 27, 2005; February 7, 2005, 
read first time and referred to Committee on Government 
Organization; March 17, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 7, Nays 0; 
March 17, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 288                                    By:  Ellis


A BILL TO BE ENTITLED

AN ACT


relating to the transfer of certain surplus or salvage property to 
another state, certain states in the United Mexican States, or the 
Republic of South Africa.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Subchapter E, Chapter 2175, 
Government Code, is amended to read as follows:

SUBCHAPTER E.  DESTRUCTION OR DONATION OF SURPLUS OR SALVAGE 
PROPERTY
	SECTION 2.  Section 2175.241, Government Code, is amended to 
read as follows:
	Sec. 2175.241.  DESTRUCTION OR DONATION OF SURPLUS OR 
SALVAGE PROPERTY.  (a)  If the commission or a state agency cannot 
otherwise sell or dispose of property in accordance with this 
chapter or has determined that the property has no resale value, the 
property may be:
		(1)  destroyed as worthless salvage; or                         
		(2)  donated to the Republic of South Africa, another 
state in the United States, or a state in the United Mexican States 
adjacent to Texas.
	(b)  If the commission or a state agency donates property 
under Subsection (a), the commission or state agency shall require 
that the state or nation that receives the property execute a 
statement releasing this state from any liability arising out of 
the donation.
	SECTION 3.  The heading to Section 2175.242, Government 
Code, is amended to read as follows:
	Sec. 2175.242.  REMOVAL OF DESTROYED OR DONATED PROPERTY 
FROM STATE PROPERTY ACCOUNTING RECORDS.
	SECTION 4.  Subsection (a), Section 2175.242, Government 
Code, is amended to read as follows:
	(a)  On destruction or donation of property under this 
subchapter, the comptroller may remove the [destroyed] property 
from the state property accounting records.
	SECTION 5.  Section 2175.304, Government Code, is amended by 
adding Subsections (d) and (e) to read as follows:
	(d)  A university system or institution or agency of higher 
education may donate to the Republic of South Africa, another state 
in the United States, or a state in the United Mexican States 
adjacent to Texas any surplus or salvage property that:
		(1)  is not disposed of under Subsection (b); and                      
		(2)  has no resale value.                                              
	(e)  A university system or institution or agency of higher 
education that donates property under Subsection (d) shall require 
that the state or nation that receives the property execute a 
statement releasing this state from any liability arising out of 
the donation.
	SECTION 6.  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, 2005.



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