By: Riddle (Senate Sponsor - Zaffirini) H.B. No. 3439
(In the Senate - Received from the House May 14, 2015;
May 15, 2015, read first time and referred to Committee on Business
and Commerce; May 22, 2015, reported favorably by the following
vote: Yeas 8, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the donation of property from a state agency to an
assistance organization or a local governmental entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2175.181, Government Code, is amended to
read as follows:
Sec. 2175.181. APPLICABILITY. (a) This subchapter applies
to a state agency delegated the authority to dispose of surplus or
salvage property under Section 2175.065.
(b) This subchapter does not apply to property that is to be
donated under Section 2175.241.
SECTION 2. Section 2175.241, Government Code, is amended to
read as follows:
Sec. 2175.241. DESTRUCTION OR DONATION OF SURPLUS OR
SALVAGE PROPERTY. (a) If the commission [or a state agency] cannot
otherwise sell or dispose of property in accordance with this
chapter, [or] has determined that the property has no resale value,
or has determined that the state will sufficiently benefit from
donating the property, the property may be:
(1) destroyed as worthless salvage; or
(2) donated to an assistance organization or a local
governmental entity.
(b) A state agency may only donate surplus or salvage
property under this chapter that could be resold if the agency
notifies the commission and provides sufficient information for the
commission to be able to confirm the benefit to the state.
(c) The commission may charge the assistance organization
or local governmental entity that receives the donation an amount
sufficient to cover the costs associated with the donation, not to
exceed 10 percent of the item's market value.
(d) A state agency that donates property under this section
is responsible for notifying the comptroller of the donation and
any benefit received that must be reported.
SECTION 3. Section 2175.242(b), Government Code, is amended
to read as follows:
(b) Authorization by the commission is not required for the
deletion of salvage or donated items of another state agency from
the state property accounting records.
SECTION 4. This Act takes effect September 1, 2015.
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