| (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.
(b) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(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:
(A) exceed the needs of TDCJ operations;
(B) are not required for the TDCJ's foreseeable needs;
and
(C) have been determined to be surplus by the TDCJ
chief financial officer in coordination with the Manufacturing, Agribusiness
and Logistics Division director.
(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:
(A) exceeds the needs of TDCJ operations;
(B) is not required for the TDCJ's foreseeable needs;
and
(C) has been determined to be surplus by the chief
financial officer in coordination with the Manufacturing, Agribusiness
and Logistics Division director.
(c) Procedures.
(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) When items of agricultural goods or agricultural
personal property are considered surplus, the Manufacturing, Agribusiness
and Logistics Division director 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) 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:
(A) sale in the usual market for such items;
(B) direct sale by bid or negotiated sale;
(C) exchange for other agricultural products and finished
goods; and
(D) donation of food commodities to state, local, or
non-profit organizations.
(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) Prices of sales shall be at prevailing market prices
or better.
(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; amended to be effective November 21, 2021, 46 TexReg 7803 |
