1. (a) Policy. It is the policy of the Texas Board of Criminal Justice (TBCJ) that surplus agricultural goods produced by the Texas Department of Criminal Justice (TDCJ) and surplus agricultural personal property used in the TDCJ'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 are those agricultural commodities grown, produced, purchased, or acquired by the TDCJ for use within the TDCJ or other state or local agency or non-profit organization, which exceed the needs of the TDCJ operations, which are not required for its foreseeable needs, and which have been determined to be surplus by the TDCJ chief financial officer in coordination with the TDCJ director of Agribusiness, Land and Minerals.
   2. (2) Surplus agricultural personal property is personal property related to the agricultural operations of the TDCJ and grown, produced, purchased, or acquired by the TDCJ, including livestock and farming equipment and implements, which exceeds the needs of the TDCJ operations, which is not required for its foreseeable needs, and which has been determined to be surplus by the chief financial officer in coordination with the director of Agribusiness, Land and Minerals.

3. (c) Procedures.

   1. (1) The TBCJ hereby authorizes the chief financial officer or designee to sell or dispose of surplus agricultural goods and surplus agricultural personal property. Sale or disposal shall be accomplished in such a 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 director of Agribusiness, Land and Minerals shall provide a written report to the chief financial officer 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 email. The chief financial officer shall review the report and determine if such items shall be sold or disposed as surplus agricultural goods or personal property.

   3. (3) The chief financial officer shall review the report submitted as required herein and shall determine if such reported items are surplus to the needs of the TDCJ, and the terms and method of sale or disposal of such items. 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 used for purchase of agricultural goods and agricultural personal property necessary for the operation of the TDCJ.
   5. (5) Prices of sales shall be at prevailing market prices or better.
   6. (6) After TDCJ staff takes action on the disposition of surplus agricultural goods and agricultural personal property, a report detailing the actions shall be submitted for inclusion in the materials provided to the TBCJ at each meeting.

Source Note:The provisions of this §151.55 adopted to be effective June 19, 1996, 21 TexReg 5166; amended to be effective February 14, 1999, 24 TexReg 789; amended to be effective July 31, 2006, 31 TexReg 6056; amended to be effective December 23, 2012, 37 TexReg 9778; amended to be effective May 8, 2016, 41 TexReg 3147.