Tex. Gov't Code Section 2175.304
Exception for Institutions of Higher Education


(a)

This chapter does not apply to the disposition of surplus or salvage property of a university system or of an institution or agency of higher education except as provided by this section.

(b)

The governing board of each university system or institution or agency of higher education included within the definition of “state agency” under Section 2151.002 (Definition) shall establish written procedures for the disposition of surplus or salvage property of the system, institution, or agency. The procedures shall allow for the direct transfer of materials or equipment that can be used for instructional purposes to a public school or school district, or an assistance organization designated by the school district, at a price or for other consideration to which the system, institution, or agency and the public school or school district or the assistance organization agree or for no consideration as the system, institution, or agency determines appropriate.

(c)

The procedures established under Subsection (b) must give preference to transferring the property directly to a public school or school district or to an assistance organization designated by the school district before disposing of the property in another manner. If more than one public school or school district or assistance organization seeks to acquire the same property on substantially the same terms, the system, institution, or agency shall give preference to a public school that is considered low-performing by the commissioner of education or to a school district that has a taxable wealth per student that entitles the district to an allotment of state funds under Subchapter E (Purpose), Chapter 48 (Foundation School Program), Education Code, or to the assistance organization designated by such a school district.

(d)

A university system or institution or agency of higher education may donate to an assistance organization any surplus or salvage property that:

(1)

is not disposed of under Subsection (b); and

(2)

has no resale value.

(e)

Notwithstanding Subsections (b) and (c), a university system or institution or agency of higher education included within the definition of “state agency” under Section 2151.002 (Definition) may donate data processing equipment that is surplus or salvage property to a public or private hospital located in a rural county. For purposes of this subsection, “rural county” has the meaning assigned by Section 487.301 (Definitions).

(f)

Section 2175.908 (Sale or Transfer of Law Enforcement Vehicle) applies to a university system or institution or agency of higher education included within the definition of “state agency” under Section 2151.002 (Definition).
Added by Acts 1999, 76th Leg., ch. 274, Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1281, Sec. 2, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 908, Sec. 3, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 125 (H.B. 22), Sec. 6, eff. May 24, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 364 (S.B. 74), Sec. 1, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 274 (H.B. 473), Sec. 2, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.083, eff. September 1, 2019.

Source: Section 2175.304 — Exception for Institutions of Higher Education, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­2175.­htm#2175.­304 (accessed Jun. 5, 2024).

2175.001
Definitions
2175.002
Administration of Chapter
2175.004
Civil Air Patrol
2175.061
Rules, Forms, and Procedures
2175.062
Mailing List
2175.063
Maximum Return from Disposition of Surplus or Salvage Property
2175.064
Cooperation in Evaluation and Analysis
2175.065
Delegation of Authority to State Agency
2175.181
Applicability
2175.182
State Agency Transfer of Property
2175.183
Commission Notice to Other Entities
2175.184
Transfer
2175.185
Notice of Transfer to Comptroller
2175.186
Disposition by Competitive Bidding, Auction, or Direct Sale
2175.187
Disposition by Direct Sale to Public
2175.188
Purchaser’s Fee
2175.189
Advertisement of Sale
2175.190
Reporting Sale
2175.191
Proceeds of Sale
2175.192
Purchaser’s Title
2175.193
Contracts for Destruction of Property
2175.241
Destruction or Donation of Surplus or Salvage Property
2175.242
Removal of Destroyed or Donated Property from State Property Accounting Records
2175.301
Surplus Property of Legislature
2175.302
Exception for Eleemosynary Institutions
2175.303
Exception for Certain Products
2175.304
Exception for Institutions of Higher Education
2175.305
Exception for Secretary of State
2175.306
Exception for Certain Agencies
2175.307
Exception for Office of Court Administration
2175.308
Exception for Certain Property of Department of Public Safety
2175.361
Definitions
2175.362
Designated Agency
2175.363
Acquisition, Warehousing, and Distribution of Federal Property
2175.364
Commission Assistance in Procurement and Use of Property
2175.365
State Plan of Operation
2175.366
Administrative Functions
2175.367
Contracts
2175.368
Acquisition or Improvement of Property
2175.369
Charges
2175.370
Federal Surplus Property Service Charge Fund
2175.371
Advisory Boards and Committees
2175.372
Personnel
2175.901
Purchase of Chairs by Certain State Officers and Agency Heads
2175.902
Mandatory Paper Recycling Program
2175.903
Property Used as Trade-in
2175.904
Disposal of Gambling Equipment
2175.905
Disposition of Data Processing Equipment
2175.906
Abolished Agencies
2175.907
Disposal of Computer Equipment by Charitable Organization
2175.908
Sale or Transfer of Law Enforcement Vehicle
2175.909
Sale of Certain Historic Property
2175.1825
Advertising on Commission Website

Accessed:
Jun. 5, 2024

§ 2175.304’s source at texas​.gov