84R12165 DDT-D By: Riddle H.B. No. 3438 A BILL TO BE ENTITLED AN ACT relating to the transfer of surplus or salvage state agency property. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2175.182(a), Government Code, is amended to read as follows: (a) A state agency that determines it has surplus or salvage property shall inform the commission of the property's kind, number, location, condition, original cost or value, and date of acquisition [that fact for the purpose of determining the method of disposal of the property]. The commission may take physical possession of the property. SECTION 2. The heading of Section 2175.1825, Government Code, is amended to read as follows: Sec. 2175.1825. ADVERTISING ON COMMISSION [COMPTROLLER] WEBSITE. SECTION 3. Section 2175.1825(a), Government Code, is amended to read as follows: (a) After a state agency informs the commission that it has surplus or salvage property [Not later than the second day after the date the comptroller receives notice from a state agency under Section 2175.182(c)], the commission [comptroller] shall advertise the property's kind, number, location, and condition on the commission's [comptroller's] website. SECTION 4. Section 2175.183, Government Code, is amended to read as follows: Sec. 2175.183. COMMISSION NOTICE TO OTHER ENTITIES. The commission shall inform other state agencies, political subdivisions, and assistance organizations of the commission's [comptroller's] website that lists surplus property that is available for transfer [sale]. SECTION 5. The heading of Section 2175.184, Government Code, is amended to read as follows: Sec. 2175.184. [DIRECT] TRANSFER. SECTION 6. Section 2175.184(a), Government Code, is amended to read as follows: (a) During the 10 business days after the date the property is posted on the commission's [comptroller's] website, a state agency, political subdivision, or assistance organization shall coordinate with the commission for a transfer of the property at a price established by the commission. A transfer to a state agency has priority over any other transfer during this period. SECTION 7. Section 2175.185(c), Government Code, is amended to read as follows: (c) The commission [Not later than the second day after the date the comptroller receives notice under Subsection (a), the comptroller] shall remove the property from the list of surplus property for sale on the commission's [comptroller's] website on the date that the property is transferred. SECTION 8. Section 2175.190, Government Code, is amended by adding Subsection (c) to read as follows: (c) The commission by rule may establish a procedure that allows a participating state agency to receive a return on small value items through the transfer of similar items. SECTION 9. Section 2175.182(c), Government Code, is repealed. SECTION 10. The change in law made by this Act applies only to property designated by a state agency for transfer on or after the effective date of this Act. State agency property that is designated for transfer before the effective date of this Act is governed by the law in effect on the date the designation was made, and the former law is continued in effect for that purpose. SECTION 11. This Act takes effect September 1, 2015.