Relating to the authority of a county to dispose of surplus and salvage property to a civic or charitable organization.

The text as introduced · 562 words

90R232 CS-F

By: Zaffirini
S.B. No. 71

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a county to dispose of surplus and

salvage property to a civic or charitable organization.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 263.152, Local Government Code, is

amended by amending Subsection (a) and adding Subsection (a-2) to

read as follows:

(a) Except as provided by Subsection (a-2), the [ The ]

commissioners court of a county may:

(1) periodically sell the county's surplus or salvage

property by competitive bid or auction, except that competitive

bidding or an auction is not necessary if the purchaser is another

county or a political subdivision within the county that is selling

the surplus or salvage property;

(2) offer the property as a trade-in for new property

of the same general type if the commissioners court considers that

action to be in the best interests of the county;

(3) order any of the property to be destroyed or

otherwise disposed of as worthless if the commissioners court

undertakes to sell that property under Subdivision (1) and is

unable to do so because no bids are made;

(4) dispose of the property by donating it to a civic

or charitable organization located in the county if the

commissioners court determines that:

(A) [ undertaking to sell the property under

Subdivision (1) would likely result in no bids or a bid price that

is less than the county's expenses required for the bid process;

[ (B) ] the donation serves a public purpose;

(B) the county can retain sufficient control over

the donation process to ensure that the public purpose of the

donation is accomplished; and

(C) the organization will provide the county with

adequate consideration, such as relieving the county of

transportation or disposal expenses related to the property;

(5) transfer gambling equipment in the possession of

the county following its forfeiture to the state to the Texas

Facilities Commission for sale under Section 2175.904, Government

Code; or

(6) order any vehicle retired under a program designed

to encourage the use of low-emission vehicles to be crushed and

recycled, if practicable, without a competitive bid or auction.

(a-2) This subsection applies only to a county that has a

population of four million or more. Subsection (a)(4) does not

apply to a county to which this subsection applies. In addition to

the methods of disposing of property authorized by Subsections

(a)(1), (2), (3), (5), and (6), the commissioners court of a county

to which this subsection applies may dispose of property by

donating it to a civic or charitable organization located in the

county if the commissioners court determines that:

(1) undertaking to sell the property under Subdivision

(a)(1) would likely result in no bids or a bid price that is less

than the county's expenses required for the bid process;

(2) the donation serves a public purpose; and

(3) the organization will provide the county with

adequate consideration, such as relieving the county of

transportation or disposal expenses related to the property.

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2027.