Amend Amendment No. 9 to CSSB 1811 by Otto (prefiled amendment packet, beginning on page 396) by adding the following on page 23 of the amendment, immediately after line 26:

ARTICLE ____. STATE ENERGY FACILITIES

SECTION ____.01. Section 2166.001(4), Government Code, is amended to read as follows:

(4)  "Project" means a building construction project that is financed wholly or partly by a specific appropriation, a bond issue, [or] federal money, or funds from another governmental or private entity. The term includes the construction of:

(A)  a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishings; [and]

(B)  an addition to, or alteration, rehabilitation, or repair of, an existing building, structure, or appurtenant facility or utility; and

(C)  an energy facility.

ARTICLE ____. FISCAL MATTERS CONCERNING SURPLUS AND SALVAGE PROPERTY

SECTION ____.01.  Subchapter C, Chapter 2175, Government Code, is repealed.

SECTION ____.02.  Section 32.102(a), Education Code, is amended to read as follows:

(a)  As provided by this subchapter, a school district or open-enrollment charter school may transfer to a student enrolled in the district or school:

(1)  any data processing equipment donated to the district or school, including equipment donated by:

(A)  a private donor; or

(B)  a state eleemosynary institution or a state agency under Section 2175.905 [2175.128], Government Code;

(2)  any equipment purchased by the district or school, to the extent consistent with Section 32.105; and

(3)  any surplus or salvage equipment owned by the district or school.

SECTION ____.03.  Section 2175.002, Government Code, is amended to read as follows:

Sec. 2175.002.  ADMINISTRATION OF CHAPTER. The commission is responsible for the disposal of surplus and salvage property of the state. The commission's surplus and salvage property division shall administer this chapter.

SECTION ____.04.  Section 2175.065, Government Code, is amended by amending Subsection (a) and adding Subsections (c) and (d) to read as follows:

(a)  The commission may authorize a state agency to dispose of surplus or salvage property if the agency demonstrates to the commission its ability to dispose of the property under this chapter [Subchapters C and E] in a manner that results in cost savings to the state, under commission rules adopted under this chapter.

SECTION ____.05.  The heading to Subchapter D, Chapter 2175, Government Code, is amended to read as follows:

SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE PROPERTY [BY COMMISSION]

SECTION ____.06.  Section 2175.181, Government Code, is amended to read as follows:

Sec. 2175.181.  APPLICABILITY. [(a) This subchapter applies only to surplus and salvage property located in:

[(1)     Travis County;

[(2)     a county in which federal surplus property is warehoused by the commission under Subchapter G; or

[(3)     a county for which the commission determines that it is cost-effective to follow the procedures created under this subchapter and informs affected state agencies of that determination.

[(b)]  This subchapter applies [does not apply] to a state agency delegated the authority to dispose of surplus or salvage property under Section 2175.065.

SECTION ____.07.  Section 2175.182, Government Code, is amended to read as follows:

Sec. 2175.182.  STATE AGENCY TRANSFER OF PROPERTY [TO COMMISSION]. (a) A state agency that determines it has surplus or salvage property shall inform the commission of that fact for the purpose of determining the method of disposal of the property. [The commission is responsible for the disposal of surplus or salvage property under this subchapter.] The commission may take physical possession of the property.

(b)  Based on the condition of the property, the commission, in conjunction with the state agency, shall determine whether the property is:

(1)  surplus property that should be offered for transfer under Section 2175.184 or sold to the public; or

(2)  salvage property.

(c)  Following the determination in Subsection (b), the [The] commission shall direct the state agency to inform the comptroller's office of the property's kind, number, location, condition, original cost or value, and date of acquisition.

SECTION ____.08.  Section 2175.1825, Government Code, is amended to read as follows:

Sec. 2175.1825.  ADVERTISING ON COMPTROLLER WEBSITE. (a) Not later than the second day after the date the comptroller receives notice from a state agency [the commission] under Section 2175.182(c), the comptroller shall advertise the property's kind, number, location, and condition on the comptroller's website.

SECTION ____.09.  Section 2175.183, Government Code, is amended to read as follows:

Sec. 2175.183.  COMMISSION NOTICE TO OTHER ENTITIES. The [On taking responsibility for surplus property under this subchapter, the] commission shall inform other state agencies, political subdivisions, and assistance organizations of the comptroller's website that lists surplus property that is available for sale.

SECTION ____.10.  Section 2175.184, Government Code, is amended to read as follows:

Sec. 2175.184.  DIRECT TRANSFER. During the 10 business days after the date the property is posted on the comptroller's website, a state agency, political subdivision, or assistance organization shall [may] coordinate with the commission for a transfer of the property at a price established by the commission [in cooperation with the transferring agency]. A transfer to a state agency has priority over any other transfer during this period.

SECTION ____.11.  Section 2175.186(a), Government Code, is amended to read as follows:

(a)  If a disposition of a state agency's surplus property is not made under Section 2175.184, the commission shall sell the property by competitive bid, auction, or direct sale to the public, including a sale using an Internet auction site. The commission may contract with a private vendor to assist with the sale of the property.

SECTION ____.12.  Section 2175.189, Government Code, is amended to read as follows:

Sec. 2175.189.  ADVERTISEMENT OF SALE. If the value of an item or a lot of property to be sold is estimated to be more than $25,000 [$5,000], the commission shall advertise the sale at least once in at least one newspaper of general circulation in the vicinity in which the property is located.

SECTION ____.13.  Section 2175.191(a), Government Code, is amended to read as follows:

(a)  Proceeds from the sale of surplus or salvage property, less the cost of advertising the sale, the cost of selling the surplus or salvage property, including the cost of auctioneer services or assistance from a private vendor, and the amount of the fee collected under Section 2175.188, shall be deposited to the credit of the general revenue fund of the state treasury.

SECTION ____.14.  Section 2175.302, Government Code, is amended to read as follows:

Sec. 2175.302.  EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS. Except as provided by Section 2175.905(b) [2175.128(b)], this chapter does not apply to the disposition of surplus or salvage property by a state eleemosynary institution.

SECTION ____.15.  Section 2175.904, Government Code, is amended by amending Subsections (a) and (c) and adding Subsection (d) to read as follows:

(a)  The commission shall establish a program for the sale of gambling equipment received from a municipality, from a commissioners court under Section 263.152(a)(5), Local Government Code, or from a state agency under this chapter.

(c)  Proceeds from the sale of gambling equipment from a municipality or commissioners court, less the costs of the sale, including costs of advertising, storage, shipping, and auctioneer or broker services, and the amount of the fee collected under Section 2175.188 [2175.131], shall be divided according to an agreement between the commission and the municipality or commissioners court that provided the equipment for sale.  The agreement must provide that:

(1)  not less than 50 percent of the net proceeds be remitted to the commissioners court; and

(2)  the remainder of the net proceeds retained by the commission be deposited to the credit of the general revenue fund.

SECTION ____.16.  Subchapter Z, Chapter 2175, Government Code, is amended by adding Sections 2175.905 and 2175.906 to read as follows: