1. (a) Policy. It is the policy of the Board that surplus agricultural goods produced by TDCJ and surplus agricultural personal property utilized in TCDJ's agricultural operations be disposed in the most efficient manner possible for the goods or personal property being disposed.

2. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Surplus agricultural goods--Those agricultural commodities grown, produced, purchased, or acquired by TDCJ for use within TDCJ or other state or local agency or non-profit organization which are excess to the needs of TDCJ operations, which are not required for its foreseeable needs, and which have been determined to be surplus by the Division Director for Administrative Services.
   2. (2) Surplus agricultural personal property--Personal property related to agricultural operations of TDCJ and grown, produced, purchased, or acquired by TDCJ, including livestock and farming equipment and implements, which is excess to the needs of TDCJ operations, which is not required for its foreseeable needs, and which has been determined to be surplus by the Division Director for Administrative Services.

3. (c) Procedures.

   1. (1) The board hereby authorizes the Division Director of the Institutional Division and the TDCJ Division Director of Administrative Services to sell or dispose of surplus agricultural goods and surplus agricultural personal property. Sale or disposal shall be accomplished in such manner so as to provide, if possible, reasonable consideration for the sale or disposal of such surplus items.
   2. (2) When items of agricultural goods or agricultural personal property are considered surplus, the Assistant Director for Agriculture shall provide a written report to the Division Director for Administrative Services setting forth those items of agricultural goods and agricultural personal property considered to be surplus. In those instances requiring immediate action due to the perishable nature of such items, the report may be transmitted via Facsimile (Fax) with written follow-up by mail. The Division Director for Administrative Services shall review such report and determine if such items shall be sold or disposed as surplus agricultural goods or personal property.

   3. (3) The Division Director of the Institutional Division and Division Director for Administrative Services shall review the report submitted as required herein and shall determine if such reported items are surplus to the needs of TDCJ. If such items are determined to be surplus, the proposed sale or disposal of surplus agricultural goods and surplus agricultural personal property shall be approved by the Division Director of the Institutional Division and the Division Director for Administrative Services who shall additionally determine, based on market conditions at the time of sale or disposal, the terms and method of sale or disposal of such surplus agricultural goods and surplus agricultural personal property. Sale or disposal of surplus agricultural goods or agricultural personal property includes:

      1. (A) sale in the usual market for such items;
      2. (B) direct sale by bid or negotiated sale;
      3. (C) exchange for other agricultural products and finished goods; and
      4. (D) donation of food commodities to state, local, or non-profit organizations.
   4. (4) Proceeds from the sale of surplus agricultural goods and surplus agricultural personal property shall be deposited in the appropriate TDCJ fund to be utilized for purchase of agricultural goods and agricultural personal property necessary for the operation of TDCJ.
   5. (5) Prices of sales shall be at prevailing market prices or better.
   6. (6) TDCJ staff shall include, as an agenda item for the Consent Agenda at the next regularly scheduled Board meeting following sale or disposition of surplus agricultural items, a report detailing the sale or other disposition of surplus agricultural goods and agricultural personal property.

Source Note:The provisions of this §151.55 adopted to be effective June 19, 1996, 21 TexReg 5166.