reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2172 - Miscellaneous General Services Provided by Comptroller › Section 2172.003. Printing

Sec. 2172.003.  PRINTING.  (a)  The comptroller may:
(1)  assist a state agency with the agency's printing activities; and
(2)  assess and evaluate those activities.
(b)  The comptroller may recommend changes intended to increase the productivity and cost-effectiveness of printing operations of state agencies.  Recommendations may be reported periodically as provided by comptroller rules.
(c)  The comptroller may:
(1)  adopt standard accounting procedures that permit evaluating and comparing the costs of printing operations conducted by state agencies;
(2)  coordinate activities among state print shops;
(3)  review state agency requisitions for new printing shop equipment;
(4)  assist state agencies in expediting the production of printing and graphic arts;
(5)  maintain a roster of state print shops and their equipment, facilities, and special capabilities;
(6)  serve as a clearinghouse for private vendors of printing services to ensure that printing services and supplies are purchased in the most efficient and economical manner;
(7)  coordinate the consolidation of print shops operated by state agencies when the agencies involved determine that consolidation is appropriate; and
(8)  develop procedures for the recovery of the comptroller's reasonable costs under Chapter 317 from amounts appropriated to the state agencies for which identified savings are achieved.
(d)  This section does not apply to an institution of higher education.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 109, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2172 - Miscellaneous General Services Provided by Comptroller › Section 2172.004. Archives

Sec. 2172.004.  ARCHIVES.  The comptroller may store and display the archives of Texas.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 110, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2172 - Miscellaneous General Services Provided by Comptroller › Section 2172.005. Donations

Sec. 2172.005.  DONATIONS.  The comptroller may solicit and accept private donations for the Congress Avenue beautification program, a capital improvements project in Austin.  The program includes improvements in the Capitol Complex generally north of the Capitol along either side of Congress Avenue.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 110, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2172 - Miscellaneous General Services Provided by Comptroller › Section 2172.006. Manufacture and Sale of Certain Commemorative Items

Sec. 2172.006.  MANUFACTURE AND SALE OF CERTAIN COMMEMORATIVE ITEMS.  (a)  Notwithstanding any other provision of law, the comptroller may negotiate and contract with a privately owned business entity for the design and manufacture of:
(1)  an official state lapel pin for purchase by members and former members of the house of representatives;
(2)  an official state lapel pin for purchase by members and former members of the senate;
(3)  an official state ring for purchase by members and former members of the house of representatives; and
(4)  an official state ring for purchase by members and former members of the senate.
(b)  The comptroller must submit any design of an official state lapel pin or ring to the State Preservation Board for its approval.
(c)  Only a member or former member of the legislature may purchase an official state lapel pin or ring manufactured under this section.  The member or former member must use the member's or former member's personal funds for the purchase.
(d)  The comptroller by rule shall establish the purchase price for a lapel pin or ring.  After payment of amounts required under the contract and recovery of its costs of administering this section, the comptroller shall deposit any remaining funds received from the sale of items under this section to the credit of the Texas preservation trust fund.
Added by Acts 1997, 75th Leg., ch. 69, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 111, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2172 - Miscellaneous General Services Provided by Comptroller › Section 2172.007. Shipping Logistics and Coordination Services

Sec. 2172.007.  SHIPPING LOGISTICS AND COORDINATION SERVICES.  (a)  The comptroller may contract with a vendor to oversee shipping logistics and coordination services for all state agencies and shall pay the contract from the anticipated cost savings realized under the contract.  The vendor shall arrange the shipment of goods, parcels, and freight using the shipping company selected by the state agency through competitive bidding that provides the best value to the agency for the shipment.
(b)  A state agency may arrange all shipments of goods, parcels, and freight under this section.
(c)  The vendor under this section shall maintain a record of each shipment arranged for a state agency, including the cost of the shipment, the type of goods, parcels, or freight shipped, and the weight of the goods, parcels, or freight shipped.
(d)  In contracting for the oversight of shipping logistics and coordination services under this section, the comptroller may provide contracting opportunities for vendors that employ veterans or other persons with disabilities whose products and services are available under Chapter 122, Human Resources Code.
(e)  This section does not apply to the shipment of:
(1)  items of extraordinary value;
(2)  museum exhibits and antiquities;
(3)  antique furniture;
(4)  fine arts;
(5)  specialized materials or products;
(6)  coins and paper bills; or
(7)  items by the Texas Department of Transportation if the department determines that, because of the nature of the items or the circumstances related to the shipment, shipment of the items under a procedure established by the department is necessary.
Added by Acts 2013, 83rd Leg., R.S., Ch. 945 (H.B. 1726), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter A. General Provisions › Section 2175.001. Definitions

Sec. 2175.001.  DEFINITIONS.  In this chapter:
(1)  "Assistance organization" means:
(A)  a nonprofit organization that provides educational, health, or human services or assistance to homeless individuals;
(B)  a nonprofit food bank that solicits, warehouses, and redistributes edible but unmarketable food to an agency that feeds needy families and individuals;
(C)  Texas Partners of the Americas, a registered agency with the Advisory Committee on Voluntary Foreign Aid, with the approval of the Partners of the Alliance office of the Agency for International Development;
(D)  a group, including a faith-based group, that enters into a financial or nonfinancial agreement with a health or human services agency to provide services to that agency's clients;
(E)  a local workforce development board created under Section 2308.253;
(F)  a nonprofit organization approved by the Supreme Court of Texas that provides free legal services for low-income households in civil matters;
(G)  the Texas Boll Weevil Eradication Foundation, Inc., or an entity designated by the commissioner of agriculture as the foundation's successor entity under Section 74.1011, Agriculture Code;
(H)  a nonprofit computer bank that solicits, stores, refurbishes, and redistributes used computer equipment to public school students and their families; and
(I)  a nonprofit organization that provides affordable housing.
(1-a)  "Commission" means the Texas Facilities Commission.
(2)  "Personal property" includes:
(A)  personal property lawfully confiscated and subject to disposal by a state agency;  and
(B)  personal property affixed to real property, if its removal and disposition is for a lawful purpose under this or another law.
(3)  "Salvage property" means personal property that through use, time, or accident is so damaged, used, or consumed that it has no value for the purpose for which it was originally intended.
(4)  "Surplus property" means personal property that exceeds a state agency's needs and is not required for the agency's foreseeable needs.  The term includes used or new property that retains some usefulness for the purpose for which it was intended or for another purpose.
(5)  "Data processing equipment" means equipment described by Section 2054.003(3)(A).
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 419, Sec. 2, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1002, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1004, Sec. 5, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1422, Sec. 11.01, eff. Jan. 1, 2002;  Acts 2003, 78th Leg., ch. 908, Sec. 1, eff. June 20, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 9.020(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 125 (H.B. 22), Sec. 1, eff. May 24, 2005.
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.38, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter A. General Provisions › Section 2175.002. Administration of Chapter

Sec. 2175.002.  ADMINISTRATION OF CHAPTER.  The commission is responsible for the disposal of surplus and salvage property of the state. The commission's surplus and salvage property division shall administer this chapter.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 29.03, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter A. General Provisions › Section 2175.004. Civil Air Patrol; Volunteer Fire Departments

Sec. 2175.004.  CIVIL AIR PATROL;  VOLUNTEER FIRE DEPARTMENTS.  For purposes of this chapter:
(1)  the Civil Air Patrol, Texas Wing, is considered a state agency having the authority to acquire surplus or salvage property;  and
(2)  a volunteer fire department is considered a political subdivision.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 127, Sec. 2, eff. May 19, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter B. Commission Powers and Duties › Section 2175.061. Rules, Forms, and Procedures

Sec. 2175.061.  RULES, FORMS, AND PROCEDURES.  (a)  The commission shall establish and maintain procedures for the transfer, sale, or disposal of surplus and salvage property as prescribed by law.
(b)  Subject to Subsection (c), the commission may prescribe forms and reports necessary to administer this chapter and may adopt necessary rules, including rules governing the sale or transfer of surplus or salvage property to state agencies, political subdivisions, or assistance organizations.
(c)  Subject to a risk assessment and to the legislative audit committee's approval of including the review in the audit plan under Section 321.013, the state auditor may review and comment on the forms and reports prescribed and the rules adopted by the commission under Subsection (b).
(d)  The commission may by rule determine the best method of disposal for surplus and salvage property of the state under this chapter.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.28, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 785, Sec. 38, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(41), eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter B. Commission Powers and Duties › Section 2175.062. Mailing List; List of Prospective Buyers

Sec. 2175.062.  MAILING LIST;  LIST OF PROSPECTIVE BUYERS.  The commission shall maintain:
(1)  a mailing list, which it shall renew annually, of assistance organizations and individuals responsible for purchasing for political subdivisions who have requested information regarding available state surplus or salvage property;  and
(2)  a list of other prospective buyers of surplus and salvage property.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter B. Commission Powers and Duties › Section 2175.063. Maximum Return From Disposition of Surplus or Salvage Property

Sec. 2175.063.  MAXIMUM RETURN FROM DISPOSITION OF SURPLUS OR SALVAGE PROPERTY.  (a)  The commission shall attempt to realize the maximum benefit to the state in selling or disposing of surplus and salvage property.
(b)  The commission may reject any or all offers for surplus or salvage property if it determines that rejection is in the state's best interests.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter B. Commission Powers and Duties › Section 2175.064. Cooperation in Evaluation and Analysis

Sec. 2175.064.  COOPERATION IN EVALUATION AND ANALYSIS.  (a)  The commission shall cooperate with state agencies in an ongoing effort to evaluate surplus and salvage property to minimize loss resulting from accumulations of property.
(b)  The commission shall cooperate with the state auditor in analyzing surplus and salvage property.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter B. Commission Powers and Duties › Section 2175.065. Delegation of Authority to State Agency

Sec. 2175.065.  DELEGATION OF AUTHORITY TO STATE AGENCY.  (a)  The commission may authorize a state agency to dispose of surplus or salvage property if the agency demonstrates to the commission its ability to dispose of the property under this chapter in a manner that results in cost savings to the state, under commission rules adopted under this chapter.
(b)  The commission shall establish by rule the criteria for determining that a delegation of authority to a state agency results in cost savings to the state.
(c)  If property is disposed of under this section, the disposing state agency shall report the transaction to the commission.  The report must include a description of the property disposed of, the reasons for disposal, the price paid for the property disposed of, and the recipient of the property disposed of.
(d)  If the commission determines that a violation of a state law or rule has occurred based on the report under Subsection (c), the commission shall report the violation to the Legislative Budget Board.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 11.02, eff. Jan. 1, 2002.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 29.04, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter D. Disposition of Surplus or Salvage Property › Section 2175.181. Applicability

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.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 11.03, eff. Jan. 1, 2002.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 29.06, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 813 (H.B. 3439), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter D. Disposition of Surplus or Salvage Property › Section 2175.182. State Agency Transfer of Property

Sec. 2175.182.  STATE AGENCY TRANSFER OF PROPERTY.  (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.  The commission may take physical possession of the property.
(b)  Based on the condition of the property, the commission, in conjunction with the state agency, shall determine whether the property is:
(1)  surplus property that should be offered for transfer under Section 2175.184 or sold to the public; or
(2)  salvage property.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 812 , Sec. 9, eff. September 1, 2015.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 11.03, eff. Jan. 1, 2002.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.30, eff. June 18, 2003.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 29.07, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 812 (H.B. 3438), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 812 (H.B. 3438), Sec. 9, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter D. Disposition of Surplus or Salvage Property › Section 2175.1825. Advertising on Commission Website

Sec. 2175.1825.  ADVERTISING ON COMMISSION WEBSITE.  (a)  After a state agency informs the commission that it has surplus or salvage property, the commission shall advertise the property's kind, number, location, and condition on the commission's website.
(b)  The comptroller shall provide the commission access to all records in the state property accounting system related to surplus and salvage property.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 11.03, eff. Jan. 1, 2002.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 29.08, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 812 (H.B. 3438), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 812 (H.B. 3438), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter D. Disposition of Surplus or Salvage Property › Section 2175.183. Commission Notice to Other Entities

Sec. 2175.183.  COMMISSION NOTICE TO OTHER ENTITIES.  The commission shall inform other state agencies, political subdivisions, and assistance organizations of the commission's website that lists surplus property that is available for transfer.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 11.03, eff. Jan. 1, 2002.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 29.09, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 812 (H.B. 3438), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter D. Disposition of Surplus or Salvage Property › Section 2175.184. Transfer

Sec. 2175.184.  TRANSFER.  (a)  During the 10 business days after the date the property is posted on the commission'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.
(b)  A political subdivision or assistance organization may not lease, lend, bail, deconstruct, encumber, sell, trade, or otherwise dispose of property acquired under this section or acquired from a state agency under Section 2175.241 before the second anniversary of the date the property was acquired.  A political subdivision or an assistance organization that violates this subsection shall remit to the commission the amount the political subdivision or assistance organization received from the lease, loan, bailment, deconstruction, encumbrance, sale, trade, or other disposition of the property unless the commission authorizes the action taken by the political subdivision or assistance organization with respect to the property.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 11.03, eff. Jan. 1, 2002.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 29.10, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 21, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 812 (H.B. 3438), Sec. 5, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 812 (H.B. 3438), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter D. Disposition of Surplus or Salvage Property › Section 2175.185. Notice of Transfer to Comptroller; Adjustment of Appropriations and Property Accounting Records; Removal From Website

Sec. 2175.185.  NOTICE OF TRANSFER TO COMPTROLLER;  ADJUSTMENT OF APPROPRIATIONS AND PROPERTY ACCOUNTING RECORDS;  REMOVAL FROM WEBSITE.  (a)  If property is transferred to a state agency under Section 2175.184, the participating agencies shall report the transaction to the comptroller.
(b)  On receiving notice under this section, the comptroller shall, if necessary, adjust state property accounting records.
(c)  The commission shall remove the property from the list of surplus property for sale on the commission's website on the date that the property is transferred.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 11.03, eff. Jan. 1, 2002.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.31, eff. June 18, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 812 (H.B. 3438), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter D. Disposition of Surplus or Salvage Property › Section 2175.186. Disposition by Competitive Bidding, Auction, or Direct Sale

Sec. 2175.186.  DISPOSITION BY COMPETITIVE BIDDING, AUCTION, OR DIRECT SALE.  (a)  If a disposition of a state agency's surplus property is not made under Section 2175.184, the commission shall sell the property by competitive bid, auction, or direct sale to the public, including a sale using an Internet auction site.  The commission may contract with a private vendor to assist with the sale of the property.
(b)  The commission shall determine which method of sale shall be used based on the method that is most advantageous to the state under the circumstances.  The commission shall adopt rules establishing guidelines for making that determination.
(c)  In using an Internet auction site to sell surplus property under this section, the commission shall post the property on the site for at least 10 days.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 11.03, eff. Jan. 1, 2002.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 29.11, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter D. Disposition of Surplus or Salvage Property › Section 2175.187. Disposition by Direct Sale to Public

Sec. 2175.187.  DISPOSITION BY DIRECT SALE TO PUBLIC.  (a)  If the commission determines that selling the property by competitive bid or auction, including a sale using an Internet auction site, would not maximize the resale value of the property to the state, the commission may sell surplus property directly to the public.
(b)  The commission shall set a fixed price for the property in cooperation with the state agency that owns the property.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 11.03, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter D. Disposition of Surplus or Salvage Property › Section 2175.188. Purchaser's Fee

Sec. 2175.188.  PURCHASER'S FEE.  (a)  For property that is sold under Section 2175.186 or 2175.187, the commission shall collect a fee from the purchaser.
(b)  The commission shall set the fee at an amount that is:
(1)  sufficient to recover costs associated with the sale;  and
(2)  at least two percent but not more than 12 percent of sale proceeds.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 11.03, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter D. Disposition of Surplus or Salvage Property › Section 2175.189. Advertisement of Sale

Sec. 2175.189.  ADVERTISEMENT OF SALE.  If the value of an item or a lot of property to be sold is estimated to be more than $25,000, the commission shall advertise the sale at least once in at least one newspaper of general circulation in the vicinity in which the property is located.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 11.03, eff. Jan. 1, 2002.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 29.12, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter D. Disposition of Surplus or Salvage Property › Section 2175.190. Reporting Sale; Property Accounting Adjustment

Sec. 2175.190.  REPORTING SALE;  PROPERTY ACCOUNTING ADJUSTMENT.  (a)  On the sale by the commission of surplus or salvage property, the commission shall report the property sold and the sale price to the state agency that owned the property and to the comptroller.
(b)  If property reported under this section is on the state property accounting system, the comptroller shall remove the property from the property accounting records.
(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.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 11.03, eff. Jan. 1, 2002.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 812 (H.B. 3438), Sec. 8, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter D. Disposition of Surplus or Salvage Property › Section 2175.191. Proceeds of Sale

Sec. 2175.191.  PROCEEDS OF SALE.  (a)  Proceeds from the sale of surplus or salvage property, less the cost of advertising the sale, the cost of selling the surplus or salvage property, including the cost of auctioneer services or assistance from a private vendor, and the amount of the fee collected under Section 2175.188, shall be deposited to the credit of the general revenue fund of the state treasury.
(b)  Repealed by Acts 2003, 78th Leg., ch. 309, Sec. 7.37.
(c)  Proceeds from the sale of surplus and salvage property of the Texas Department of Transportation relating to the department's duties under Chapter 2205 shall be deposited to the credit of the department.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 11.03, eff. Jan. 1, 2002.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.32, 7.37, eff. June 18, 2003.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 29.13, eff. September 28, 2011.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 56, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter D. Disposition of Surplus or Salvage Property › Section 2175.192. Purchaser's Title

Sec. 2175.192.  PURCHASER'S TITLE.  A purchaser of surplus property at a sale conducted under Section 2175.186 or 2175.187 obtains good title to the property if the purchaser has in good faith complied with:
(1)  the conditions of the sale;  and
(2)  applicable commission rules.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 11.03, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter D. Disposition of Surplus or Salvage Property › Section 2175.193. Contracts for Destruction of Property

Sec. 2175.193.  CONTRACTS FOR DESTRUCTION OF PROPERTY.  The commission shall contract for the disposal of property under Subchapter E in a manner that maximizes value to the state.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 11.03, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter E. Destruction or Donation of Surplus or Salvage Property › Section 2175.241. Destruction or Donation of Surplus or Salvage Property

Sec. 2175.241.  DESTRUCTION OR DONATION OF SURPLUS OR SALVAGE PROPERTY. (a) If the commission cannot otherwise sell or dispose of property in accordance with this chapter, 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.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 127, Sec. 8, eff. May 19, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 125 (H.B. 22), Sec. 3, eff. May 24, 2005.
Acts 2015, 84th Leg., R.S., Ch. 813 (H.B. 3439), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter E. Destruction or Donation of Surplus or Salvage Property › Section 2175.242. Removal of Destroyed or Donated Property From State Property Accounting Records

Sec. 2175.242.  REMOVAL OF DESTROYED OR DONATED PROPERTY FROM STATE PROPERTY ACCOUNTING RECORDS.  (a)  On destruction or donation of property under this subchapter, the comptroller may remove the property from the state property accounting records.
(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.
(c)  This subchapter does not affect Section 403.273, which provides for the deletion from state property accounting records of a state agency's missing property.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 127, Sec. 9, eff. May 19, 1997;  Acts 2001, 77th Leg., ch. 1158, Sec. 59, eff. June 15, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 125 (H.B. 22), Sec. 4, eff. May 24, 2005.
Acts 2005, 79th Leg., Ch. 125 (H.B. 22), Sec. 5, eff. May 24, 2005.
Acts 2015, 84th Leg., R.S., Ch. 813 (H.B. 3439), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter F. Exceptions › Section 2175.301. Surplus Property of Legislature

Sec. 2175.301.  SURPLUS PROPERTY OF LEGISLATURE.  (a)  This chapter does not apply to disposition of surplus property by either house of the legislature under a disposition system provided by rules of the administration committee of each house.
(b)  If surplus property of either house of the legislature is sold, proceeds of the sale shall be deposited in the state treasury to the credit of that house's appropriation.
(c)  An agency in the legislative branch shall dispose of its surplus or salvage property under a disposition system established by the agency.  This chapter does not apply to the agency's disposition of its surplus or salvage property under that system.  That system shall give preference to transferring the property directly to, in order of priority:
(1)  a public school;
(2)  another public governmental agency;  or
(3)  an assistance organization.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 266, Sec. 1, eff. May 26, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter F. Exceptions › Section 2175.302. Exception for Eleemosynary Institutions

Sec. 2175.302.  EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS.  Except as provided by Section 2175.905(b), this chapter does not apply to the disposition of surplus or salvage property by a state eleemosynary institution.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 274, Sec. 1, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 419, Sec. 4, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1281, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1276, Sec. 9020(i), eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 29.14, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter F. Exceptions › Section 2175.303. Exception for Certain Products

Sec. 2175.303.  EXCEPTION FOR CERTAIN PRODUCTS.  This chapter does not apply to disposition of:
(1)  a product or by-product of research, forestry, agriculture, livestock, or an industrial enterprise;  or
(2)  certain recyclable materials, including paper, cardboard, aluminum cans, plastics, glass, one-use pallets, used tires, used oil, and scrap metal, when the disposition is not in the best interest of the state or economically feasible.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 127, Sec. 10, eff. May 19, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter F. Exceptions › Section 2175.305. Exception for Secretary of State

Sec. 2175.305.  EXCEPTION FOR SECRETARY OF STATE.  This chapter does not apply to the disposition of surplus computer equipment by the secretary of state.  The secretary of state shall give preference to transferring the property to counties for the purpose of improving voter registration technology and complying with Section 18.063, Election Code.
Added by Acts 2001, 77th Leg., ch. 1178, Sec. 6, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter F. Exceptions › Section 2175.306. Exception for Certain Agencies

Sec. 2175.306.  EXCEPTION FOR CERTAIN AGENCIES.  This chapter does not apply to the disposition of surplus computer equipment by a state agency involved in the areas of health, human services, or education, except for an agency to which Section 2175.304 applies.  Those agencies shall give preference to transferring the property to a public school, school district, or assistance organization specified by the school district.
Added by Acts 2003, 78th Leg., ch. 908, Sec. 4, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter F. Exceptions › Section 2175.307. Exception for Office of Court Administration

Sec. 2175.307.  EXCEPTION FOR OFFICE OF COURT ADMINISTRATION.  This chapter does not apply to the disposition of surplus computer equipment by the Office of Court Administration of the Texas Judicial System. The office shall give preference to transferring the equipment to a local or state governmental entity in the judicial branch of local or state government.
Added by Acts 2007, 80th Leg., R.S., Ch. 73 (H.B. 368), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter F. Exceptions › Section 2175.308. Exception for Certain Property of Department of Public Safety

Sec. 2175.308.  EXCEPTION FOR CERTAIN PROPERTY OF DEPARTMENT OF PUBLIC SAFETY.  (a)  Notwithstanding any conflicting provision of this chapter, if the commission determines that this state's efforts to secure this state's international border and combat transnational crime will sufficiently benefit from the donation of the surplus motor vehicles and other law enforcement equipment of the Department of Public Safety of the State of Texas to a municipal or county law enforcement agency in an economically disadvantaged area of this state, the commission may transfer the property to the agency at a price or for other consideration agreed to by the commission and the agency.
(b)  A law enforcement agency that receives surplus property under Subsection (a) may not sell the property before the second anniversary of the date the property is received.
Added by Acts 2015, 84th Leg., R.S., Ch. 677 (H.B. 229), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter G. Federal Surplus Property › Section 2175.361. Definitions

Sec. 2175.361.  DEFINITIONS.  In this subchapter:
(1)  "Federal act" means the Federal Property and Administrative Services Act of 1949 (40 U.S.C. Section 541 et seq.), as amended, or any other federal law providing for the disposal of federal surplus property.
(2)  "Federal property" means federal surplus property acquired:
(A)  by the commission or under the commission's jurisdiction under this subchapter;  and
(B)  under 40 U.S.C. Section 483c, 549, or 550, or under any other federal law providing for the disposal of federal surplus property.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.33, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter G. Federal Surplus Property › Section 2175.362. Designated Agency; Separate and Independent Operation of Federal Surplus Property Program

Sec. 2175.362.  DESIGNATED AGENCY;  SEPARATE AND INDEPENDENT OPERATION OF FEDERAL SURPLUS PROPERTY PROGRAM.  (a)  The commission is the designated state agency under 40 U.S.C. Section 549 and any other federal law providing for the disposal of federal surplus property.
(b)  Except for the sharing of support functions with other divisions, the federal surplus property program shall operate independently of the rest of the commission.
(c)  The administrative offices of the federal surplus property program may be located in a building separate from the location of other commission offices.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 127, Sec. 11, eff. May 19, 1997;  Acts 2003, 78th Leg., ch. 309, Sec. 7.34, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter G. Federal Surplus Property › Section 2175.363. Acquisition, Warehousing, and Distribution of Federal Property

Sec. 2175.363.  ACQUISITION, WAREHOUSING, AND DISTRIBUTION OF FEDERAL PROPERTY.  (a)  The commission may acquire and warehouse federal property allocated to the commission under the federal act and distribute the property to an entity or institution that meets the eligibility qualifications for the property under the federal act.
(b)  The commission shall establish and maintain procedures to implement this section.
(c)  The commission is not required to comply with the provisions of this chapter that relate to the disposition of surplus state agency property in acquiring, warehousing, and distributing federal surplus property under this chapter.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter G. Federal Surplus Property › Section 2175.364. Commission Assistance in Procurement and Use of Property

Sec. 2175.364.  COMMISSION ASSISTANCE IN PROCUREMENT AND USE OF PROPERTY.  The commission may:
(1)  disseminate information and assist a potential applicant regarding the availability of federal real property;
(2)  assist in the processing of an application for acquisition of federal real property and related personal property under 40 U.S.C. Section 550 or any other federal law providing for the disposal of federal surplus property;
(3)  act as an information clearinghouse for an entity that may be eligible to acquire federal property and, as necessary, assist the entity to obtain federal property;
(4)  assist in assuring use of the property;  and
(5)  engage in an activity relating to the use of federal property by another state agency, institution, or organization engaging in or receiving assistance under a federal program.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.35, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter G. Federal Surplus Property › Section 2175.365. State Plan of Operation; Compliance With Minimum Federal Standards

Sec. 2175.365.  STATE PLAN OF OPERATION;  COMPLIANCE WITH MINIMUM FEDERAL STANDARDS.  The commission shall:
(1)  file a state plan of operation that complies with federal law and operate in accordance with the plan;
(2)  take necessary action to meet the minimum standards for a state agency in accordance with the federal act;  and
(3)  cooperate to the fullest extent consistent with this subchapter.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter G. Federal Surplus Property › Section 2175.366. Administrative Functions; Compliance With Federal Requirements

Sec. 2175.366.  ADMINISTRATIVE FUNCTIONS;  COMPLIANCE WITH FEDERAL REQUIREMENTS.  The commission may:
(1)  make the necessary certifications and undertake necessary action, including an investigation;
(2)  make expenditures or reports that may be required by federal law or regulation or that are otherwise necessary to provide for the proper and efficient management of its functions under this subchapter;
(3)  provide information and reports relating to its activities under this subchapter that may be required by a federal agency or department;  and
(4)  adopt rules necessary for the efficient operation of its activities under this subchapter or as may be required by federal law or regulation.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter G. Federal Surplus Property › Section 2175.367. Contracts

Sec. 2175.367.  CONTRACTS.  The commission may enter into an agreement, including:
(1)  a cooperative agreement with a federal agency under 40 U.S.C. Section 549 or any other federal law providing for the disposal of federal surplus property;
(2)  an agreement with a state agency for surplus property of a state agency that will promote the administration of the commission's functions under this subchapter;  or
(3)  an agreement with a group or association of state agencies for surplus property that will promote the administration of the commission's functions under this subchapter.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.36, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter G. Federal Surplus Property › Section 2175.368. Acquisition or Improvement of Property; Rent Payments

Sec. 2175.368.  ACQUISITION OR IMPROVEMENT OF PROPERTY;  RENT PAYMENTS.  The commission may:
(1)  acquire and hold title or make capital improvements to federal real property in accordance with Section 2175.369;  or
(2)  make an advance payment of rent for a distribution center, an office space, or another facility that is required to accomplish the commission's functions under this subchapter.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2175 - Surplus and Salvage Property › Subchapter G. Federal Surplus Property › Section 2175.369. Charges

Sec. 2175.369.  CHARGES.  (a)  The commission may collect a service charge for the commission's acquisition, warehousing, distribution, or transfer of federal property.
(b)  The commission may not collect a charge for federal real property in an amount that is greater than the reasonable administrative cost the commission incurs in transferring the property.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.