(a) In this section:
(1) “Maintenance equipment” means personal property owned by the department that is used to administer, operate, preserve, repair, expand, or otherwise maintain real property, including improvements and fixtures, owned or operated by the department.
(2) “Outdated equipment” means equipment:
(A) that has a fair market value that is less than the annual cost of maintaining the equipment in working order;
(B) that is not operational and cannot reasonably be made operational; or
(C) that no longer serves a department purpose.
(b) The commission by rule shall establish an equipment review system through which the department annually determines whether any of the department’s maintenance equipment has become outdated equipment since the last date the department conducted an equipment review under this section.

Terms Used In Texas Parks and Wildlife Code 11.251

  • 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.
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Rule: includes regulation. See Texas Government Code 311.005
  • Sell: means to transfer the ownership or the right of possession of an item to a person for consideration and includes a barter and an even exchange. See Texas Parks and Wildlife Code 1.101

(c) The equipment review system established under Subsection (b) must require the department to sell any outdated equipment in the manner and at the time specified by the commission by rule.
(d) The department shall deposit proceeds from the sale of equipment under this section to the credit of the appropriate parks and wildlife account.

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