1 | | - | By: Riddle (Senate Sponsor - Zaffirini) H.B. No. 3439 |
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2 | | - | (In the Senate - Received from the House May 14, 2015; |
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3 | | - | May 15, 2015, read first time and referred to Committee on Business |
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4 | | - | and Commerce; May 22, 2015, reported favorably by the following |
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5 | | - | vote: Yeas 8, Nays 0; May 22, 2015, sent to printer.) |
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6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 3439 |
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10 | 4 | | AN ACT |
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11 | 5 | | relating to the donation of property from a state agency to an |
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12 | 6 | | assistance organization or a local governmental entity. |
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13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 8 | | SECTION 1. Section 2175.181, Government Code, is amended to |
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15 | 9 | | read as follows: |
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16 | 10 | | Sec. 2175.181. APPLICABILITY. (a) This subchapter applies |
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17 | 11 | | to a state agency delegated the authority to dispose of surplus or |
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18 | 12 | | salvage property under Section 2175.065. |
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19 | 13 | | (b) This subchapter does not apply to property that is to be |
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20 | 14 | | donated under Section 2175.241. |
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21 | 15 | | SECTION 2. Section 2175.241, Government Code, is amended to |
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22 | 16 | | read as follows: |
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23 | 17 | | Sec. 2175.241. DESTRUCTION OR DONATION OF SURPLUS OR |
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24 | 18 | | SALVAGE PROPERTY. (a) If the commission [or a state agency] cannot |
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25 | 19 | | otherwise sell or dispose of property in accordance with this |
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26 | 20 | | chapter, [or] has determined that the property has no resale value, |
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27 | 21 | | or has determined that the state will sufficiently benefit from |
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28 | 22 | | donating the property, the property may be: |
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29 | 23 | | (1) destroyed as worthless salvage; or |
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30 | 24 | | (2) donated to an assistance organization or a local |
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31 | 25 | | governmental entity. |
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32 | 26 | | (b) A state agency may only donate surplus or salvage |
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33 | 27 | | property under this chapter that could be resold if the agency |
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34 | 28 | | notifies the commission and provides sufficient information for the |
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35 | 29 | | commission to be able to confirm the benefit to the state. |
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36 | 30 | | (c) The commission may charge the assistance organization |
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37 | 31 | | or local governmental entity that receives the donation an amount |
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38 | 32 | | sufficient to cover the costs associated with the donation, not to |
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39 | 33 | | exceed 10 percent of the item's market value. |
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40 | 34 | | (d) A state agency that donates property under this section |
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41 | 35 | | is responsible for notifying the comptroller of the donation and |
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42 | 36 | | any benefit received that must be reported. |
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43 | 37 | | SECTION 3. Section 2175.242(b), Government Code, is amended |
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44 | 38 | | to read as follows: |
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45 | 39 | | (b) Authorization by the commission is not required for the |
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46 | 40 | | deletion of salvage or donated items of another state agency from |
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47 | 41 | | the state property accounting records. |
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48 | 42 | | SECTION 4. This Act takes effect September 1, 2015. |
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49 | | - | * * * * * |
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| 43 | + | ______________________________ ______________________________ |
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| 44 | + | President of the Senate Speaker of the House |
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| 45 | + | I certify that H.B. No. 3439 was passed by the House on May |
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| 46 | + | 13, 2015, by the following vote: Yeas 131, Nays 14, 2 present, not |
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| 47 | + | voting. |
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| 48 | + | ______________________________ |
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| 49 | + | Chief Clerk of the House |
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| 50 | + | I certify that H.B. No. 3439 was passed by the Senate on May |
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| 51 | + | 26, 2015, by the following vote: Yeas 31, Nays 0. |
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| 52 | + | ______________________________ |
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| 53 | + | Secretary of the Senate |
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| 54 | + | APPROVED: _____________________ |
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| 55 | + | Date |
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| 56 | + | _____________________ |
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| 57 | + | Governor |
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