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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of used, 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 OF SURPLUS OR SALVAGE PROPERTY. (a) In |
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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 used |
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firefighting equipment, including equipment described by Sections |
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419.040 and 419.041, Government Code, to a volunteer fire |
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department in any district or to another district for fair market |
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value if the equipment met the National Fire Protection Association |
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Standards at the original time of purchase. |
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(c) A district may contract to supply surplus or salvage |
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property to any volunteer fire department or district in this state |
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at fair market value. |
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(d) The district may determine the fair market value of used |
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equipment, surplus property, and salvage property sold under |
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Subsections (b) and (c). |
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SECTION 2. This Act takes effect September 1, 2009. |