H.B. No. 2462

	AN ACT
	relating to providing for the sale of certain gambling equipment
	seized by a law enforcement agency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter Z, Chapter 2175, Government Code, is
	amended by adding Section 2175.904 to read as follows:
	Sec. 2175.904.  DISPOSAL OF GAMBLING EQUIPMENT.  (a)  The
	commission shall establish a program for the sale of gambling
	equipment received from a commissioners court under Section
	263.152(a)(5), Local Government Code.
	(b)  The commission may sell gambling equipment only to a
	person that the commission determines is a bona fide holder of a
	license or other authorization to sell, lease, or otherwise provide
	gambling equipment to others or to operate gambling equipment
	issued by an agency in another state or in a foreign jurisdiction
	where it is lawful for the person to possess gambling equipment for
	the intended purpose.
	(c)  Proceeds from the sale of gambling equipment, less the
	costs of the sale, including costs of advertising, storage,
	shipping, and auctioneer or broker services, and the amount of the
	fee collected under Section 2175.131, shall be divided according to
	an agreement between the commission and the commissioners court
	that provided the equipment for sale.  The agreement must provide
	that:
	(1)  not less than 50 percent of the net proceeds be
	remitted to the commissioners court; and
	(2)  the remainder of the net proceeds retained by the
	commission be deposited to the credit of the general revenue fund.
	SECTION 2.  Section 263.152, Local Government Code, is
	amended by amending Subsection (a) and adding Subsection (a-1) to
	read as follows:
	(a)  The commissioners court of a county may:
	(1)  periodically sell the county's surplus or salvage
	property by competitive bid or auction, except that competitive
	bidding or an auction is not necessary if the purchaser is another
	county or a political subdivision within the county that is selling
	the surplus or salvage property;
	(2)  offer the property as a trade-in for new property
	of the same general type if the commissioners court considers that
	action to be in the best interests of the county;
	(3)  order any of the property to be destroyed or
	otherwise disposed of as worthless if the commissioners court
	undertakes to sell that property under Subdivision (1) and is
	unable to do so because no bids are made; [or]
	(4)  dispose of the property by donating it to a civic
	or charitable organization located in the county if the
	commissioners court determines that:
	(A)  undertaking to sell the property under
	Subdivision (1) would likely result in no bids or a bid price that
	is less than the county's expenses required for the bid process;
	(B)  the donation serves a public purpose; and
	(C)  the organization will provide the county with
	adequate consideration, such as relieving the county of
	transportation or disposal expenses related to the property; or
	(5)  transfer gambling equipment in the possession of
	the county following its forfeiture to the state to the Texas
	Building and Procurement Commission for sale under Section
	2175.904, Government Code.
	(a-1)  The commissioners court shall remit money received
	from the Texas Building and Procurement Commission from the sale of
	gambling equipment under Section 2175.904(c), Government Code,
	less administrative expenses incurred by the county in connection
	with the transfer and sale of the equipment, to the local law
	enforcement agency that originally seized the equipment.
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2462 was passed by the House on April
	26, 2007, by the following vote:  Yeas 139, Nays 0, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2462 was passed by the Senate on May
	22, 2007, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor