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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county to dispose of surplus and |
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salvage property to a civic or charitable organization. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 263.152(a), Local Government Code, is |
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amended to read as follows: |
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(a) The commissioners court of a county may: |
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(1) periodically sell the county's surplus or salvage |
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property by competitive bid or auction, except that competitive |
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bidding or an auction is not necessary if the purchaser is another |
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county or a political subdivision within the county that is selling |
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the surplus or salvage property; |
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(2) offer the property as a trade-in for new property |
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of the same general type if the commissioners court considers that |
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action to be in the best interests of the county; |
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(3) order any of the property to be destroyed or |
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otherwise disposed of as worthless if the commissioners court |
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undertakes to sell that property under Subdivision (1) and is |
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unable to do so because no bids are made; |
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(4) dispose of the property by donating it to a civic |
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or charitable organization located in the county if the |
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commissioners court determines that: |
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(A) [undertaking to sell the property under |
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Subdivision (1) would likely result in no bids or a bid price that |
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is less than the county's expenses required for the bid process; |
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[(B)] the donation serves a public purpose; [and] |
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(B) the county can retain sufficient control over |
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the donation process to ensure that the public purpose of the |
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donation is accomplished; and |
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(C) the organization will provide the county with |
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adequate consideration, such as relieving the county of |
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transportation or disposal expenses related to the property; |
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(5) transfer gambling equipment in the possession of |
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the county following its forfeiture to the state to the Texas |
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Facilities Commission for sale under Section 2175.904, Government |
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Code; or |
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(6) order any vehicle retired under a program designed |
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to encourage the use of low-emission vehicles to be crushed and |
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recycled, if practicable, without a competitive bid or auction. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |