| 1 | 1 | | H.B. No. 3089 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the disposition of vehicles by a local government |
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| 6 | 6 | | participating in a program designed to encourage the use of |
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| 7 | 7 | | low-emission vehicles. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 263.152(a), Local Government Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) The commissioners court of a county may: |
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| 12 | 12 | | (1) periodically sell the county's surplus or salvage |
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| 13 | 13 | | property by competitive bid or auction, except that competitive |
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| 14 | 14 | | bidding or an auction is not necessary if the purchaser is another |
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| 15 | 15 | | county or a political subdivision within the county that is selling |
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| 16 | 16 | | the surplus or salvage property; |
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| 17 | 17 | | (2) offer the property as a trade-in for new property |
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| 18 | 18 | | of the same general type if the commissioners court considers that |
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| 19 | 19 | | action to be in the best interests of the county; |
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| 20 | 20 | | (3) order any of the property to be destroyed or |
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| 21 | 21 | | otherwise disposed of as worthless if the commissioners court |
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| 22 | 22 | | undertakes to sell that property under Subdivision (1) and is |
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| 23 | 23 | | unable to do so because no bids are made; |
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| 24 | 24 | | (4) dispose of the property by donating it to a civic |
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| 25 | 25 | | or charitable organization located in the county if the |
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| 26 | 26 | | commissioners court determines that: |
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| 27 | 27 | | (A) undertaking to sell the property under |
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| 28 | 28 | | Subdivision (1) would likely result in no bids or a bid price that |
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| 29 | 29 | | is less than the county's expenses required for the bid process; |
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| 30 | 30 | | (B) the donation serves a public purpose; and |
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| 31 | 31 | | (C) the organization will provide the county with |
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| 32 | 32 | | adequate consideration, such as relieving the county of |
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| 33 | 33 | | transportation or disposal expenses related to the property; [or] |
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| 34 | 34 | | (5) transfer gambling equipment in the possession of |
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| 35 | 35 | | the county following its forfeiture to the state to the Texas |
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| 36 | 36 | | Building and Procurement Commission for sale under Section |
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| 37 | 37 | | 2175.904, Government Code; or |
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| 38 | 38 | | (6) order any vehicle retired under a program designed |
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| 39 | 39 | | to encourage the use of low-emission vehicles to be crushed and |
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| 40 | 40 | | recycled, if practicable, without a competitive bid or auction. |
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| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2009. |
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| 42 | 42 | | ______________________________ ______________________________ |
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| 43 | 43 | | President of the Senate Speaker of the House |
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| 44 | 44 | | I certify that H.B. No. 3089 was passed by the House on April |
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| 45 | 45 | | 30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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| 46 | 46 | | voting. |
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| 47 | 47 | | ______________________________ |
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| 48 | 48 | | Chief Clerk of the House |
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| 49 | 49 | | I certify that H.B. No. 3089 was passed by the Senate on May |
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| 50 | 50 | | 26, 2009, by the following vote: Yeas 31, Nays 0. |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Secretary of the Senate |
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| 53 | 53 | | APPROVED: _____________________ |
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| 54 | 54 | | Date |
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| 55 | 55 | | _____________________ |
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| 56 | 56 | | Governor |
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