1. (a) Disposition of state surplus and salvage property by direct transfer. During the ten (10) business days after surplus or salvage property is posted on the Comptroller's website, a state agency, political subdivision, or assistance organization may coordinate directly with the reporting state agency for a transfer of property at a price established by the reporting agency.

2. (b) Priority of claim.

   1. (1) The first state agency, political subdivision or assistance organization that agrees to the established price before the expiration of ten (10) business days shall be entitled to the property provided, however, a state agency shall have first priority over all other entities.
   2. (2) In the event two competing and equivalent requests are received from parties of equal standing the commission in coordination with the reporting agency shall award the property in the best interests of the state and the reporting agency. Two or more requests shall be considered "competing and equivalent" for purposes of this rule if each meets the price established by the reporting state agency on the same business day, and within the ten (10) business day period following posting on the comptroller's website.

3. (c) Reporting requirements.

   1. (1) Reporting by state agencies. If a transfer is made to a state agency, the participating agencies shall report the transaction to the comptroller as provided by law. The comptroller shall, if necessary, debit and credit the proper appropriations within the systems maintained by the comptroller.
   2. (2) Reporting by other entities. A political subdivision or assistance organization acquiring surplus or salvage 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 the state agency and documentation of the transaction is to be entered into the Comptroller's State Property Accounting System.
4. (d) Other disposition. If a direct transfer of the property is not arranged within ten (10) business days after the posting of the property on the comptroller's website in subsection (a) of this section, the commission shall, with the exception of data processing equipment, dispose of the surplus or salvage property to the public in accordance with §126.4 of this chapter (relating to Disposition of Surplus and Salvage Property to the Public by Competitive Bidding, Auction, or Direct Sale).

Source Note:The provisions of this §126.3 adopted to be effective May 8, 2002, 27 TexReg 3756; amended to be effective January 7, 2009, 34 TexReg 41.