| 1 | 1 | | 81R21212 JSC-F |
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| 2 | 2 | | By: Bolton, et al. H.B. No. 2737 |
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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 sale of used, surplus, or salvage property and |
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| 8 | 8 | | firefighting equipment by an emergency services district. |
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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. Chapter 775, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Subchapter I to read as follows: |
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| 12 | 12 | | SUBCHAPTER I. SURPLUS AND SALVAGE PROPERTY |
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| 13 | 13 | | Sec. 775.251. SALE AND DISPOSITION OF SURPLUS OR SALVAGE |
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| 14 | 14 | | PROPERTY. (a) In this section: |
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| 15 | 15 | | (1) "Salvage property" means personal property, other |
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| 16 | 16 | | than wastepaper, that because of use, time, or accident is so |
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| 17 | 17 | | damaged, used, or consumed that it has no value for the purpose for |
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| 18 | 18 | | which it was originally intended. |
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| 19 | 19 | | (2) "Surplus property" means personal property that is |
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| 20 | 20 | | in excess of the needs of its owner, that is not required for the |
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| 21 | 21 | | owner's foreseeable needs, and that possesses some usefulness for |
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| 22 | 22 | | the purpose for which it was intended or for some other purpose. |
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| 23 | 23 | | (3) "Volunteer fire department" means an association |
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| 24 | 24 | | that: |
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| 25 | 25 | | (A) operates firefighting equipment; |
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| 26 | 26 | | (B) is organized primarily to provide and |
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| 27 | 27 | | actively provides firefighting services; |
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| 28 | 28 | | (C) does not pay its members compensation other |
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| 29 | 29 | | than nominal compensation; and |
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| 30 | 30 | | (D) does not distribute any of its income to its |
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| 31 | 31 | | members, officers, or governing body, other than for reimbursement |
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| 32 | 32 | | of expenses. |
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| 33 | 33 | | (b) Notwithstanding other law, a district may sell surplus |
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| 34 | 34 | | firefighting equipment, including equipment described by Sections |
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| 35 | 35 | | 419.040 and 419.041, Government Code, to any volunteer fire |
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| 36 | 36 | | department or district in this state for fair market value if the |
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| 37 | 37 | | equipment: |
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| 38 | 38 | | (1) met the National Fire Protection Association |
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| 39 | 39 | | Standards at the original time of purchase; and |
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| 40 | 40 | | (2) at the time of the sale: |
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| 41 | 41 | | (A) meets the National Fire Protection |
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| 42 | 42 | | Association Standards in effect at the original time of purchase; |
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| 43 | 43 | | or |
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| 44 | 44 | | (B) meets the National Fire Protection |
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| 45 | 45 | | Association Standards in effect. |
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| 46 | 46 | | (c) A district may contract to supply surplus property to |
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| 47 | 47 | | any volunteer fire department or district in this state at fair |
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| 48 | 48 | | market value. |
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| 49 | 49 | | (d) A district may sell salvage property to any person in |
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| 50 | 50 | | this state for fair market value. If a district is unable to sell |
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| 51 | 51 | | the property for fair market value, the district may destroy or |
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| 52 | 52 | | otherwise dispose of the property as worthless. |
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| 53 | 53 | | (e) The district may determine the fair market value of |
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| 54 | 54 | | surplus and salvage property sold under Subsections (b), (c), and |
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| 55 | 55 | | (d). |
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| 56 | 56 | | SECTION 2. This Act takes effect September 1, 2009. |
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