Texas 2009 - 81st Regular

Texas Senate Bill SB1485 Compare Versions

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1	1	S.B. No. 1485
2	2
3	3
4	4	AN ACT
5	5	relating to the sale of surplus or salvage property and
6	6	firefighting equipment by an emergency services district.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 775, Health and Safety Code, is amended
9	9	by adding Subchapter I to read as follows:
10	10	SUBCHAPTER I. SURPLUS AND SALVAGE PROPERTY
11	11	Sec. 775.251. SALE AND DISPOSITION OF SURPLUS OR SALVAGE
12	12	PROPERTY. (a) In this section:
13	13	(1) "Salvage property" means personal property, other
14	14	than wastepaper, that because of use, time, or accident is so
15	15	damaged, used, or consumed that it has no value for the purpose for
16	16	which it was originally intended.
17	17	(2) "Surplus property" means personal property that is
18	18	in excess of the needs of its owner, that is not required for the
19	19	owner's foreseeable needs, and that possesses some usefulness for
20	20	the purpose for which it was intended or for some other purpose.
21	21	(3) "Volunteer fire department" means an association
22	22	that:
23	23	(A) operates firefighting equipment;
24	24	(B) is organized primarily to provide and
25	25	actively provides firefighting services;
26	26	(C) does not pay its members compensation other
27	27	than nominal compensation; and
28	28	(D) does not distribute any of its income to its
29	29	members, officers, or governing body, other than for reimbursement
30	30	of expenses.
31	31	(b) Notwithstanding other law, a district may sell surplus
32	32	firefighting equipment, including equipment described by Sections
33	33	419.040 and 419.041, Government Code, to any volunteer fire
34	34	department or district in this state for fair market value if the
35	35	equipment:
36	36	(1) met the National Fire Protection Association
37	37	Standards at the original time of purchase; and
38	38	(2) at the time of the sale:
39	39	(A) meets the National Fire Protection
40	40	Association Standards in effect at the original time of purchase;
41	41	or
42	42	(B) meets the National Fire Protection
43	43	Association Standards in effect.
44	44	(c) A district may contract to supply surplus property to
45	45	any volunteer fire department or district in this state at fair
46	46	market value.
47	47	(d) A district may sell salvage property to any person in
48	48	this state for fair market value. If a district is unable to sell
49	49	the property for fair market value, the district may destroy or
50	50	otherwise dispose of the property as worthless.
51	51	(e) The district may determine the fair market value of
52	52	surplus and salvage property sold under Subsections (b), (c), and
53	53	(d).
54	54	SECTION 2. This Act takes effect September 1, 2009.
55	55	______________________________ ______________________________
56	56	President of the Senate Speaker of the House
57	57	I hereby certify that S.B. No. 1485 passed the Senate on
58	58	April 16, 2009, by the following vote: Yeas 31, Nays 0.
59	59	______________________________
60	60	Secretary of the Senate
61	61	I hereby certify that S.B. No. 1485 passed the House on
62	62	May 26, 2009, by the following vote: Yeas 145, Nays 0, one
63	63	present not voting.
64	64	______________________________
65	65	Chief Clerk of the House
66	66	Approved:
67	67	______________________________
68	68	Date
69	69	______________________________
70	70	Governor