Bill Text: TX HB3438 | 2015-2016 | 84th Legislature | Enrolled

---

Bill Title: Relating to the transfer of surplus or salvage state agency property.

Sponsorship: Bipartisan Bill

Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB3438 Detail]

Download: Texas-2015-HB3438-Enrolled.html

---

H.B. No. 3438

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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3438 was passed by the House on May
12, 2015, by the following vote: Yeas 144, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3438 was passed by the Senate on May
26, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor