By: Watson S.B. No. 1485
A BILL TO BE ENTITLED
AN ACT
relating to the sale of used, surplus, or salvage property and
firefighting equipment by an emergency services district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 775, Health and Safety Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. SURPLUS AND SALVAGE PROPERTY
Sec. 775.251. SALE OF SURPLUS OR SALVAGE PROPERTY. (a) In
this section:
(1) "Salvage property" means personal property, other
than wastepaper, that because of use, time, or accident is so
damaged, used, or consumed that it has no value for the purpose for
which it was originally intended.
(2) "Surplus property" means personal property that is
in excess of the needs of its owner, that is not required for the
owner's foreseeable needs, and that possesses some usefulness for
the purpose for which it was intended or for some other purpose.
(3) "Volunteer fire department" means an association
that:
(A) operates firefighting equipment;
(B) is organized primarily to provide and
actively provides firefighting services;
(C) does not pay its members compensation other
than nominal compensation; and
(D) does not distribute any of its income to its
members, officers, or governing body, other than for reimbursement
of expenses.
(b) Notwithstanding other law, a district may sell used
firefighting equipment, including equipment described by Sections
419.040 and 419.041, Government Code, to a volunteer fire
department in any district or to another district for fair market
value if the equipment met the National Fire Protection Association
Standards at the original time of purchase.
(c) A district may contract to supply surplus or salvage
property to any volunteer fire department or district in this state
at fair market value.
(d) The district may determine the fair market value of used
equipment, surplus property, and salvage property sold under
Subsections (b) and (c).
SECTION 2. This Act takes effect September 1, 2009.