The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise.

1. (1) Assistance organization--

   1. (A) a nonprofit organization that provides educational, health, or human services or assistance to homeless individuals; or
   2. (B) a nonprofit food bank that solicits, warehouses, and distributes edible but unmarketable food to agencies that feed needy families and individuals; or
   3. (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; or
   4. (D) a group, including a faith-based group, that enters into a financial or non-financial agreement with a health or human services agency to provide services to that agency's clients; or
   5. (E) a non profit organization approved by the Supreme Court of Texas that provides free legal services for low-income households in civil matters; or
   6. (F) The Texas Boll Weevil Eradication Foundation Inc., or an entity designated by the commissioner of agriculture as the foundation's successor entity under §74.1011, Agriculture Code; or
   7. (G) a local workforce development board created under §2308.253 of the Texas Government Code.
2. (2) Certificate of Acquisition--A form prescribed by the commission that verifies the qualifications of a qualified assistance organization or political subdivision as an entity entitled to receive state surplus or salvage property.

3. (3) Data processing equipment--Equipment as defined by Texas Government Code, §2054.003 to be information technology equipment and related services designed for the automated storage, manipulation, and retrieval of data by electronic or mechanical means to include:

   1. (A) central processing units, front-end processing units, miniprocessors, microprocessors, and related peripheral equipment such as data storage devices, document scanners, data entry equipment, terminal controllers, data terminal equipment, computer-based word processing systems other than memory typewriters, and equipment and systems for computer networks;
   2. (B) all related services, including feasibility studies, systems design, software development, and time-sharing services, provided by state employees or others; and
   3. (C) the programs and routines used to employ and control the capabilities of data processing hardware, including operating systems, compilers, assemblers, utilities, library routines, maintenance routines, applications, and computer networking programs.
4. (4) Personal property--property that is lawfully confiscated and subject to disposal by a state agency. Personal property affixed to real property may be sold as surplus or salvage property if its removal and disposition is for a lawful purpose under Texas Government Code, Chapter 2175, Subchapter C or another law.
5. (5) Method of payment--A cashier's check, certified check, a money order, or any other approved method of purchase at the time of sale is acceptable payment under this section.
6. (6) Political subdivision--Each political subdivision of the state and volunteer fire departments.
7. (7) Salvage property--Any personal property which through use, time, or accident is so depleted, worn out, damaged, used, or consumed that it has no value for the purpose for which it was originally intended.

8. (8) State agency--

   1. (A) a department, commission, board, office, or other agency in the executive branch of state government created by the state constitution or a state statute;
   2. (B) the supreme court, the court of criminal appeals, a court of appeals, or the Texas Judicial Council;
   3. (C) the Texas Civil Air Patrol; and
   4. (D) excluding those entities in Texas Government Code, §§2175.301, 2175.302, 2175.304.
9. (9) Surplus property--Personal property that exceeds a state agency's needs and is not required for the agency's foreseeable needs; including used or new property that retains some usefulness for the purpose for which it was intended or for another purpose.

Source Note:The provisions of this §126.1 adopted to be effective May 8, 2002, 27 TexReg 3756.