By: Watson S.B. No. 1485
(In the Senate - Filed March 6, 2009; March 17, 2009, read
first time and referred to Committee on Intergovernmental
Relations; April 6, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
April 6, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1485 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the sale of 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 AND DISPOSITION 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 surplus
firefighting equipment, including equipment described by Sections
419.040 and 419.041, Government Code, to any volunteer fire
department or district in this state for fair market value if the
equipment:
(1) met the National Fire Protection Association
Standards at the original time of purchase; and
(2) at the time of the sale:
(A) meets the National Fire Protection
Association Standards in effect at the original time of purchase;
or
(B) meets the National Fire Protection
Association Standards in effect.
(c) A district may contract to supply surplus property to
any volunteer fire department or district in this state at fair
market value.
(d) A district may sell salvage property to any person in
this state for fair market value. If a district is unable to sell
the property for fair market value, the district may destroy or
otherwise dispose of the property as worthless.
(e) The district may determine the fair market value of
surplus and salvage property sold under Subsections (b), (c), and
(d).
SECTION 2. This Act takes effect September 1, 2009.
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