H.B. No. 2462
  relating to providing for the sale of certain gambling equipment
  seized by a law enforcement agency.
         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
               (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
  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:  _____________________