By: Watson  S.B. No. 1485
         (In the Senate - Filed March 6, 2009; March 17, 2009, read
  first time and referred to Committee on Intergovernmental
  Relations; April 6, 2009, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 5, Nays 0;
  April 6, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1485 By:  Nichols
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the sale of surplus or salvage property and
  firefighting equipment by an emergency services district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 775, Health and Safety Code, is amended
  by adding Subchapter I to read as follows:
  SUBCHAPTER I.  SURPLUS AND SALVAGE PROPERTY
         Sec. 775.251.  SALE AND DISPOSITION OF SURPLUS OR SALVAGE
  PROPERTY. (a)  In this section:
               (1)  "Salvage property" means personal property, other
  than wastepaper, that because of use, time, or accident is so
  damaged, used, or consumed that it has no value for the purpose for
  which it was originally intended.
               (2)  "Surplus property" means personal property that is
  in excess of the needs of its owner, that is not required for the
  owner's foreseeable needs, and that possesses some usefulness for
  the purpose for which it was intended or for some other purpose.
               (3)  "Volunteer fire department" means an association
  that:
                     (A)  operates firefighting equipment;
                     (B)  is organized primarily to provide and
  actively provides firefighting services;
                     (C)  does not pay its members compensation other
  than nominal compensation; and
                     (D)  does not distribute any of its income to its
  members, officers, or governing body, other than for reimbursement
  of expenses.
         (b)  Notwithstanding other law, a district may sell surplus
  firefighting equipment, including equipment described by Sections
  419.040 and 419.041, Government Code, to any volunteer fire
  department or district in this state for fair market value if the
  equipment:
               (1)  met the National Fire Protection Association
  Standards at the original time of purchase; and
               (2)  at the time of the sale:
                     (A)  meets the National Fire Protection
  Association Standards in effect at the original time of purchase;
  or
                     (B)  meets the National Fire Protection
  Association Standards in effect.
         (c)  A district may contract to supply surplus property to
  any volunteer fire department or district in this state at fair
  market value.
         (d)  A district may sell salvage property to any person in
  this state for fair market value. If a district is unable to sell
  the property for fair market value, the district may destroy or
  otherwise dispose of the property as worthless.
         (e)  The district may determine the fair market value of
  surplus and salvage property sold under Subsections (b), (c), and
  (d).
         SECTION 2.  This Act takes effect September 1, 2009.
 
  * * * * *