37 Tex. Admin. Code § 151.55 - Disposal of Surplus Agricultural Goods and Agricultural Personal Property

(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.

Notes

37 Tex. Admin. Code § 151.55

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 by Texas Register, Volume 41, Number 18, April 29, 2016, TexReg 3147, eff. 5/8/2016; Amended by Texas Register, Volume 46, Number 46, November 12, 2021, TexReg 7803, eff. 11/21/2021