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By:  Staples                                                      S.B. No. 322
	(In the Senate - Filed February 2, 2005; February 7, 2005, 
read first time and referred to Committee on Transportation and 
Homeland Security; May 6, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 8, Nays 0; 
May 6, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 322                                    By:  Staples


A BILL TO BE ENTITLED

AN ACT


relating to proceeds from the sale of certain state personal and 
real property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2175.134, Government Code, is amended by 
adding Subsection (b) and amending Subsection (c) to read as 
follows:
	(b)  Proceeds from the sale of surplus or salvage property 
originally purchased with money from the state highway fund shall 
be deposited to the credit of the state highway fund.  The portion 
of 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, shall be deposited to the credit of the 
general revenue fund if the costs were not paid from the state 
highway fund.  The fee collected under Section 2175.131 shall be 
deposited to the credit of the general revenue fund.
	(c)  Proceeds from the sale of surplus and salvage property 
of the State Aircraft Pooling Board shall be deposited to the credit 
of the state highway fund [board].
	SECTION 2.  Section 2175.191, Government Code, is amended by 
adding Subsection (b) and amending Subsection (c) to read as 
follows:
	(b)  Proceeds from the sale of surplus or salvage property 
originally purchased with money from the state highway fund shall 
be deposited to the credit of the state highway fund.  The portion 
of 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, shall be deposited to the credit of the 
general revenue fund if the costs were not paid from the state 
highway fund.  The fee collected under Section 2175.188 shall be 
deposited to the credit of the general revenue fund.
	(c)  Proceeds from the sale of surplus and salvage property 
of the State Aircraft Pooling Board shall be deposited to the credit 
of the state highway fund [board].
	SECTION 3.  Subsection (c), Section 31.1573, Natural 
Resources Code, is amended to read as follows:
	(c)  Unless otherwise dedicated by the Texas Constitution, 
the proceeds of the transaction shall be deposited:
		(1)  to the credit of the Texas capital trust fund, 
except as provided by Subdivision (2) or (3) [if the agency is 
eligible under Chapter 2201, Government Code, to participate in 
that fund];
		(2)  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 [affected 
agency if the agency is not eligible under Chapter 2201, Government 
Code, to participate in the Texas capital trust fund]; or
		(3)  notwithstanding Subdivisions (1) and (2), as 
otherwise directed under the procedures of Chapter 317, Government 
Code.
	SECTION 4.  This Act takes effect September 1, 2007.                           



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