1. (a) General. All state agencies that determine they have surplus or salvage property shall inform the commission of the kind, number, location, condition, original cost or value, and date of acquisition of the property in a form prescribed by the commission. The commission shall, in turn, provide this information to other state agencies, political subdivisions, and assistance organizations.
2. (b) Dissemination of Information. A monthly listing of currently available surplus or salvage property shall be made available electronically. The commission will additionally maintain a mailing list, renewable annually, of political subdivisions and assistance organizations who have requested a printed copy of the monthly surplus and salvage property listing. The commission may charge an amount which shall not exceed the actual costs incurred by the commission in maintaining the mail list and in producing and mailing the information on surplus and salvage property.

3. (c) Offering surplus or salvage property to state agencies, political subdivisions and assistance organizations.

   1. (1) For the first 30 days following dissemination of the monthly surplus listing, the notifying or reporting agency shall establish a price, if any. The first state agency, political subdivision or assistance organization that agrees to the established price before the expiration of 30 days shall be entitled to the property; provided, however, first priority shall be given to a state agency in the event that a competing equivalent request is received from a political subdivision or assistance organization. Two or more requests shall be considered "competing and equivalent" for purposes of this rule if each meets the price established by the notifying or reporting state agency on the same business day within the 30 day period following dissemination of the monthly surplus listing.
   2. (2) If a transfer is made to a state agency, the participating agencies shall report the transaction to the comptroller as provided by law and the comptroller's State Property Accounting System. The comptroller shall then debit and credit the proper appropriations within the systems maintained by the comptroller.
   3. (3) A political subdivision or assistance organization acquiring surplus property from a state agency must in conjunction with the state agency complete a "Certificate of Acquisition". A political subdivision or assistance organization must certify its qualification and an assistance organization must additionally provide documentation as required. "Certificate of Acquisition" is to be retained by agency and documentation of the transaction is to be entered into the Comptroller's State Property Accounting System.
   4. (4) If a transfer or acquisition of the property is not arranged within 30 days after the dissemination of the surplus list as provided in subsection (b) of this section, the commission shall with the exception of data processing equipment dispose of the surplus or salvage to the public in accordance with §126.3 of this title (relating to Disposition of Surplus and Salvage Property to the Public).
   5. (5) Data processing equipment from state agencies, institutions and agencies of higher education, and eleemosynary institutions if not disposed of under Subchapter C of Chapter 2175, Texas Government Code or other law, shall be transferred to the Industries Division of the Texas Department of Criminal Justice.

Source Note:The provisions of this §126.2 adopted to be effective December 6, 1994, 19 TexReg 9289; amended to be effective December 8, 1997, 22 TexReg 12038; amended to be effective November 21, 1999, 24 TexReg 10041.