By: Veasey, Leibowitz (Senate Sponsor - Davis) H.B. No. 3089
         (In the Senate - Received from the House May 1, 2009;
  May 6, 2009, read first time and referred to Committee on
  Intergovernmental Relations; May 23, 2009, reported favorably by
  the following vote:  Yeas 5, Nays 0; May 23, 2009, sent to
  printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the disposition of vehicles by a local government
  participating in a program designed to encourage the use of
  low-emission vehicles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 263.152(a), Local Government Code, is
  amended to read as follows:
         (a)  The commissioners court of a county may:
               (1)  periodically sell the county's surplus or salvage
  property by competitive bid or auction, except that competitive
  bidding or an auction is not necessary if the purchaser is another
  county or a political subdivision within the county that is selling
  the surplus or salvage property;
               (2)  offer the property as a trade-in for new property
  of the same general type if the commissioners court considers that
  action to be in the best interests of the county;
               (3)  order any of the property to be destroyed or
  otherwise disposed of as worthless if the commissioners court
  undertakes to sell that property under Subdivision (1) and is
  unable to do so because no bids are made;
               (4)  dispose of the property by donating it to a civic
  or charitable organization located in the county if the
  commissioners court determines that:
                     (A)  undertaking to sell the property under
  Subdivision (1) would likely result in no bids or a bid price that
  is less than the county's expenses required for the bid process;
                     (B)  the donation serves a public purpose; and
                     (C)  the organization will provide the county with
  adequate consideration, such as relieving the county of
  transportation or disposal expenses related to the property; [or]
               (5)  transfer gambling equipment in the possession of
  the county following its forfeiture to the state to the Texas
  Building and Procurement Commission for sale under Section
  2175.904, Government Code; or
               (6)  order any vehicle retired under a program designed
  to encourage the use of low-emission vehicles to be crushed and
  recycled, if practicable, without a competitive bid or auction.
         SECTION 2.  This Act takes effect September 1, 2009.
 
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