BILL ANALYSIS

 

 

 

H.B. 3335

By: Cole

Intergovernmental Affairs

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Before a county commissioners court may donate surplus property to a civic or charitable organization, the county must determine that the property would not receive bids in a competitive bid or auction process. The bill author has informed the committee that this requirement unnecessarily frustrates counties' ability to dispose of unused property in a way that benefits the community. H.B. 3335 addresses this issue by allowing for counties to donate surplus property as long as that donation serves a public purpose and the county can retain sufficient control over the donation process to ensure that the public purpose of the donation is accomplished.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 3335 amends the Local Government Code to revise the requisite conditions under which a county commissioners court may dispose of surplus or salvage property by donating it to a civic or charitable organization located in the county by doing the following:

·         removing the condition that the commissioners court determine that undertaking to sell the property by competitive bid or auction would likely result in no bids or a bid price that is less than the county's expenses required for the bid process; and

·         adding as a condition that the commissioners court determine that the county can retain sufficient control over the donation process to ensure that the public purpose of the donation is accomplished.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.