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AN ACT
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relating to the sale of surplus or salvage property and |
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firefighting equipment by an emergency services district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 775, Health and Safety Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. SURPLUS AND SALVAGE PROPERTY |
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Sec. 775.251. SALE AND DISPOSITION OF SURPLUS OR SALVAGE |
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PROPERTY. (a) In this section: |
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(1) "Salvage property" means personal property, other |
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than wastepaper, that because of use, time, or accident is so |
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damaged, used, or consumed that it has no value for the purpose for |
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which it was originally intended. |
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(2) "Surplus property" means personal property that is |
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in excess of the needs of its owner, that is not required for the |
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owner's foreseeable needs, and that possesses some usefulness for |
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the purpose for which it was intended or for some other purpose. |
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(3) "Volunteer fire department" means an association |
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that: |
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(A) operates firefighting equipment; |
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(B) is organized primarily to provide and |
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actively provides firefighting services; |
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(C) does not pay its members compensation other |
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than nominal compensation; and |
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(D) does not distribute any of its income to its |
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members, officers, or governing body, other than for reimbursement |
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of expenses. |
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(b) Notwithstanding other law, a district may sell surplus |
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firefighting equipment, including equipment described by Sections |
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419.040 and 419.041, Government Code, to any volunteer fire |
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department or district in this state for fair market value if the |
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equipment: |
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(1) met the National Fire Protection Association |
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Standards at the original time of purchase; and |
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(2) at the time of the sale: |
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(A) meets the National Fire Protection |
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Association Standards in effect at the original time of purchase; |
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or |
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(B) meets the National Fire Protection |
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Association Standards in effect. |
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(c) A district may contract to supply surplus property to |
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any volunteer fire department or district in this state at fair |
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market value. |
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(d) A district may sell salvage property to any person in |
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this state for fair market value. If a district is unable to sell |
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the property for fair market value, the district may destroy or |
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otherwise dispose of the property as worthless. |
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(e) The district may determine the fair market value of |
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surplus and salvage property sold under Subsections (b), (c), and |
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(d). |
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SECTION 2. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1485 passed the Senate on |
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April 16, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1485 passed the House on |
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May 26, 2009, by the following vote: Yeas 145, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |