| 1 | 1 | | 81R10850 MTB-D |
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| 2 | 2 | | By: Naishtat H.B. No. 2406 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disposition of surplus information technology |
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| 8 | 8 | | equipment by the state. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter F, Chapter 2054, Government Code, is |
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| 11 | 11 | | amended by adding Section 2054.1305 to read as follows: |
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| 12 | 12 | | Sec. 2054.1305. REQUIRED CONTRACT TERMS RELATING TO |
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| 13 | 13 | | INFORMATION TECHNOLOGY EQUIPMENT. (a) The department shall |
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| 14 | 14 | | develop recommendations for contract terms requiring the vendor of |
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| 15 | 15 | | information technology equipment to take back for recycling |
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| 16 | 16 | | equipment that is not disposed of under Chapter 2175 or other law |
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| 17 | 17 | | without cost to the state agency purchasing the equipment. |
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| 18 | 18 | | (b) A state agency shall include terms recommended under |
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| 19 | 19 | | Subsection (a) in a contract entered into by the agency for |
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| 20 | 20 | | information technology equipment. |
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| 21 | 21 | | SECTION 2. Section 2175.128, Government Code, is amended to |
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| 22 | 22 | | read as follows: |
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| 23 | 23 | | Sec. 2175.128. DISPOSITION OF DATA PROCESSING EQUIPMENT. |
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| 24 | 24 | | (a) If a disposition of a state agency's surplus or salvage data |
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| 25 | 25 | | processing equipment is not made under Section 2175.125 or |
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| 26 | 26 | | 2175.184, the state agency shall transfer the equipment to: |
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| 27 | 27 | | (1) a school district or open-enrollment charter |
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| 28 | 28 | | school in this state under Subchapter C, Chapter 32, Education |
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| 29 | 29 | | Code; or |
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| 30 | 30 | | (2) an assistance organization specified by the school |
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| 31 | 31 | | district[; or |
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| 32 | 32 | | [(3) the Texas Department of Criminal Justice]. |
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| 33 | 33 | | (b) If a disposition of the surplus or salvage data |
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| 34 | 34 | | processing equipment of a state eleemosynary institution or an |
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| 35 | 35 | | institution or agency of higher education is not made under other |
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| 36 | 36 | | law, the institution or agency shall transfer the equipment to: |
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| 37 | 37 | | (1) a school district or open-enrollment charter |
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| 38 | 38 | | school in this state under Subchapter C, Chapter 32, Education |
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| 39 | 39 | | Code; or |
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| 40 | 40 | | (2) an assistance organization specified by the school |
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| 41 | 41 | | district[; or |
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| 42 | 42 | | [(3) the Texas Department of Criminal Justice]. |
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| 43 | 43 | | (c) The state eleemosynary institution or institution or |
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| 44 | 44 | | agency of higher education or other state agency may not collect a |
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| 45 | 45 | | fee or other reimbursement from the district, the school, or the |
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| 46 | 46 | | assistance organization[, or the Texas Department of Criminal |
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| 47 | 47 | | Justice] for the surplus or salvage data processing equipment |
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| 48 | 48 | | transferred under this section. |
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| 49 | 49 | | SECTION 3. Section 497.012, Government Code, is repealed. |
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| 50 | 50 | | SECTION 4. (a) As soon as practicable, and not later than |
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| 51 | 51 | | May 1, 2010, the Department of Information Resources shall develop |
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| 52 | 52 | | the terms required by Section 2054.1305, Government Code, as added |
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| 53 | 53 | | by this Act. |
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| 54 | 54 | | (b) A state agency is not required to comply with Section |
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| 55 | 55 | | 2054.1305, Government Code, as added by this Act, until September |
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| 56 | 56 | | 1, 2010. |
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| 57 | 57 | | SECTION 5. On the effective date of this Act, surplus data |
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| 58 | 58 | | processing equipment that had been or was scheduled to be |
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| 59 | 59 | | transferred to the Texas Department of Criminal Justice under |
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| 60 | 60 | | Section 497.012, Government Code, shall be transferred to the Texas |
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| 61 | 61 | | Facilities Commission for disposition under Chapter 2175, |
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| 62 | 62 | | Government Code. |
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| 63 | 63 | | SECTION 6. This Act takes effect September 1, 2009. |
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