EQUIPMENT AND SUPPLIES MANAGEMENT: DISPOSAL OF PROPERTY

Note: For legal requirements applicable to property acquired with federal funds, see CAAB.

Property Transfer

A state agency, including a college district or other institution of higher education or a university system, may transfer any personal property of the state in its possession to another state agency with or without reimbursement between the agencies.

When personal property in the possession of one state agency is transferred to the possession of another state agency, the transfers must be reported immediately to the comptroller by the transferor and the transferee on the forms prescribed.

Gov’t Code 403.2715(e), .278

Surplus or Salvage Property from a

State Agency

A political subdivision, including a college district, may not lease, lend, bail, deconstruct, encumber, sell, trade, or otherwise dispose of property acquired under Government Code 2175.184 or acquired from a state agency under Government Code 2175.241 before the second anniversary of the date the property was acquired. A political subdivision that violates this section shall remit to the Texas Facilities Commission the amount the political subdivision 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 with respect to the property. Gov’t Code 2175.184(b)

Sale or Transfer of

Law Enforcement

Vehicle

A political subdivision, including a college district, may not sell or transfer a marked patrol car or other law enforcement motor vehicle to the public unless the political subdivision first removes any equipment or insignia that could mislead a reasonable person to believe that the vehicle is a law enforcement motor vehicle, including any police light, siren, amber warning light, spotlight, grill light, antenna, emblem, outline of an emblem, or emergency vehicle equipment.

A political subdivision may not sell or transfer a marked patrol car or other political subdivision law enforcement motor vehicle to a security services contractor who is regulated by the Department of Public Safety and licensed under Occupations Code Chapter 1702 unless each emblem or insignia that identifies the vehicle as a law enforcement motor vehicle is removed before the sale or transfer.

Local Gov’t Code 272.006

Disposal of

Abandoned Personal

Property

The governing board of each state institution of higher education, including each public junior college, is authorized to promulgate rules and regulations providing for the disposition of abandoned and unclaimed personal property coming into the possession of the campus security personnel where the personal property is not being held as evidence to be used in any pending criminal case. Education Code 51.213(a)