| 1 | 1 | | 86R14085 JTS-F |
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| 2 | 2 | | By: Hunter H.B. No. 3430 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the transfer of a retired county law enforcement dog. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 263.152(a), Local Government Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) The commissioners court of a county may: |
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| 12 | 12 | | (1) periodically sell the county's surplus or salvage |
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| 13 | 13 | | property by competitive bid or auction, except that competitive |
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| 14 | 14 | | bidding or an auction is not necessary if the purchaser is another |
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| 15 | 15 | | county or a political subdivision within the county that is selling |
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| 16 | 16 | | the surplus or salvage property; |
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| 17 | 17 | | (2) offer the property as a trade-in for new property |
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| 18 | 18 | | of the same general type if the commissioners court considers that |
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| 19 | 19 | | action to be in the best interests of the county; |
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| 20 | 20 | | (3) order any of the property to be destroyed or |
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| 21 | 21 | | otherwise disposed of as worthless if the commissioners court |
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| 22 | 22 | | undertakes to sell that property under Subdivision (1) and is |
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| 23 | 23 | | unable to do so because no bids are made; |
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| 24 | 24 | | (4) dispose of the property by donating it to a civic |
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| 25 | 25 | | or charitable organization located in the county if the |
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| 26 | 26 | | commissioners court determines that: |
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| 27 | 27 | | (A) undertaking to sell the property under |
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| 28 | 28 | | Subdivision (1) would likely result in no bids or a bid price that |
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| 29 | 29 | | is less than the county's expenses required for the bid process; |
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| 30 | 30 | | (B) the donation serves a public purpose; and |
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| 31 | 31 | | (C) the organization will provide the county with |
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| 32 | 32 | | adequate consideration, such as relieving the county of |
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| 33 | 33 | | transportation or disposal expenses related to the property; |
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| 34 | 34 | | (5) transfer gambling equipment in the possession of |
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| 35 | 35 | | the county following its forfeiture to the state to the Texas |
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| 36 | 36 | | Facilities [Building and Procurement] Commission for sale under |
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| 37 | 37 | | Section 2175.904, Government Code; [or] |
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| 38 | 38 | | (6) order any vehicle retired under a program designed |
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| 39 | 39 | | to encourage the use of low-emission vehicles to be crushed and |
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| 40 | 40 | | recycled, if practicable, without a competitive bid or auction; or |
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| 41 | 41 | | (7) by order or resolution, transfer a retired law |
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| 42 | 42 | | enforcement dog as provided by Section 263.159. |
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| 43 | 43 | | SECTION 2. Subchapter D, Chapter 263, Local Government |
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| 44 | 44 | | Code, is amended by adding Section 263.159 to read as follows: |
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| 45 | 45 | | Sec. 263.159. TRANSFER OF RETIRED COUNTY LAW ENFORCEMENT |
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| 46 | 46 | | DOG. (a) The commissioners court of a county may transfer a county |
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| 47 | 47 | | law enforcement dog that is: |
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| 48 | 48 | | (1) at the end of the dog's working life; or |
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| 49 | 49 | | (2) otherwise surplus to the needs of the county. |
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| 50 | 50 | | (b) The commissioners court may transfer a county law |
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| 51 | 51 | | enforcement dog described by Subsection (a) only to: |
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| 52 | 52 | | (1) the dog's current or former handler; or |
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| 53 | 53 | | (2) another current or former law enforcement officer. |
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| 54 | 54 | | (c) A transfer under this section: |
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| 55 | 55 | | (1) may be made without charge to the transferee if the |
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| 56 | 56 | | transferee agrees to house and otherwise care for the dog; and |
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| 57 | 57 | | (2) must be made in a manner that is in the best |
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| 58 | 58 | | interest of the dog and the county, as determined by the county. |
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| 59 | 59 | | SECTION 3. This Act takes effect immediately if it receives |
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| 60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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| 61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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| 63 | 63 | | Act takes effect September 1, 2019. |
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