81R10850 MTB-D
By: Naishtat H.B. No. 2406
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of surplus information technology
equipment by the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 2054, Government Code, is
amended by adding Section 2054.1305 to read as follows:
Sec. 2054.1305. REQUIRED CONTRACT TERMS RELATING TO
INFORMATION TECHNOLOGY EQUIPMENT. (a) The department shall
develop recommendations for contract terms requiring the vendor of
information technology equipment to take back for recycling
equipment that is not disposed of under Chapter 2175 or other law
without cost to the state agency purchasing the equipment.
(b) A state agency shall include terms recommended under
Subsection (a) in a contract entered into by the agency for
information technology equipment.
SECTION 2. Section 2175.128, Government Code, is amended to
read as follows:
Sec. 2175.128. DISPOSITION OF DATA PROCESSING EQUIPMENT.
(a) If a disposition of a state agency's surplus or salvage data
processing equipment is not made under Section 2175.125 or
2175.184, the state agency shall transfer the equipment to:
(1) a school district or open-enrollment charter
school in this state under Subchapter C, Chapter 32, Education
Code; or
(2) an assistance organization specified by the school
district[; or
[(3) the Texas Department of Criminal Justice].
(b) If a disposition of the surplus or salvage data
processing equipment of a state eleemosynary institution or an
institution or agency of higher education is not made under other
law, the institution or agency shall transfer the equipment to:
(1) a school district or open-enrollment charter
school in this state under Subchapter C, Chapter 32, Education
Code; or
(2) an assistance organization specified by the school
district[; or
[(3) the Texas Department of Criminal Justice].
(c) The state eleemosynary institution or institution or
agency of higher education or other state agency may not collect a
fee or other reimbursement from the district, the school, or the
assistance organization[, or the Texas Department of Criminal
Justice] for the surplus or salvage data processing equipment
transferred under this section.
SECTION 3. Section 497.012, Government Code, is repealed.
SECTION 4. (a) As soon as practicable, and not later than
May 1, 2010, the Department of Information Resources shall develop
the terms required by Section 2054.1305, Government Code, as added
by this Act.
(b) A state agency is not required to comply with Section
2054.1305, Government Code, as added by this Act, until September
1, 2010.
SECTION 5. On the effective date of this Act, surplus data
processing equipment that had been or was scheduled to be
transferred to the Texas Department of Criminal Justice under
Section 497.012, Government Code, shall be transferred to the Texas
Facilities Commission for disposition under Chapter 2175,
Government Code.
SECTION 6. This Act takes effect September 1, 2009.