Texas Health and Safety Code 775.251 – Sale and Disposition of Surplus or Salvage Property
(a) In this section:
(1) “Salvage property” means personal property, other than wastepaper, that because of use, time, or accident is so damaged, used, or consumed that it has no value for the purpose for which it was originally intended.
(2) “Surplus property” means personal property that is in excess of the needs of its owner, that is not required for the owner’s foreseeable needs, and that possesses some usefulness for the purpose for which it was intended or for some other purpose.
(3) “Volunteer fire department” means an association that:
(A) operates firefighting equipment;
(B) is organized primarily to provide and actively provides firefighting services;
(C) does not pay its members compensation other than nominal compensation; and
(D) does not distribute any of its income to its members, officers, or governing body, other than for reimbursement of expenses.
(b) Notwithstanding other law, a district may sell surplus firefighting equipment, including equipment described by Sections 419.040 and 419.041, Government Code, to any volunteer fire department or district in this state for fair market value if the equipment:
(1) met the National Fire Protection Association Standards at the original time of purchase; and
(2) at the time of the sale:
(A) meets the National Fire Protection Association Standards in effect at the original time of purchase; or
(B) meets the National Fire Protection Association Standards in effect.
Terms Used In Texas Health and Safety Code 775.251
- Contract: A legal written agreement that becomes binding when signed.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Personal property: All property that is not real property.
- Property: means real and personal property. See Texas Government Code 311.005
(c) A district may contract to supply surplus property to any volunteer fire department or district in this state at fair market value.
(d) A district may sell salvage property to any person in this state for fair market value. If a district is unable to sell the property for fair market value, the district may destroy or otherwise dispose of the property as worthless.
(e) The district may determine the fair market value of surplus and salvage property sold under Subsections (b), (c), and (d).