HBA-MPM S.B. 1451 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1451
By: West
Higher Education
5/7/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, certain state agencies are required to report surplus property
on the State Property Accounting System for publishing by the General
Services Commission (commission).  State agencies, political subdivisions,
and school districts are allowed to purchase needed materials and products
from state agencies listed in the commission's publication.  Institutions
of higher education are exempt from the required reporting.  Some eligible
local entities, not knowing of the availability of surplus materials in
institutions of higher education, have been unable to acquire the materials
and products they need.  S.B. 1451 sets forth guidelines for the
disposition of surplus and salvage property of certain institutions of
higher education. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2175.125, Government Code, as follows:

Sec. 2175.125.  New title: PRIORITIES FOR TRANSFER. (a)  Provides that
during the 30 days after the date of a notice under Section 2175.122
(Commission Notice to Other Entities), Government Code, a transfer to a
state agency has priority over any other transfer under rules adopted by
the General Services Commission (commission), except as provided by
Subsection (b).  

(b)  Requires a state agency that is an institution of higher education and
has surplus or salvage property available for transfer, during the 30 days
after the date of notice under Section 2175.122, to give preference to
transferring the property to a requesting entity in the following priority: 

(1) a public school or school district;
(2) another state agency or a political subdivision other than a school
district; or 
(3) an assistance agency.

SECTION 2.  Amends Section 2175.302, Government Code, as follows:

Sec. 2175.302.  New title: EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS. Deletes
text regarding the inapplicability of this section (regarding the
disposition of surplus or salvage property) to an institution or agency of
higher education. 

SECTION 3.  Amends Subchapter D, Chapter 2175, Government Code, by adding
Section 2175.1815, as follows:  

Sec. 2175.1815.  EXCEPTION FOR INSTITUTIONS OF HIGHER EDUCATION.  Makes
this subchapter inapplicable to an institution of higher education.
Requires an institution of higher education to dispose of its surplus and
salvage property not transferred to another entity under Subchapter C
(Direct Transfer of Surplus or Salvage Property) under procedures
established by the institution.  

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.