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