§ 15.054 — Sale or Purchase of State Property; Penalty
Plain-Language Summary
This section restricts how officers and employees of the state or its political subdivisions may sell state-owned or subdivision-owned property or materials to other state or subdivision officers and employees. Property not needed for public purposes may be sold to an employee only after reasonable public notice (at least one week's published notice) at a public auction or by sealed response, and only if that employee is not involved in running the sale. An employee may buy no more than one motor vehicle from the state at any one auction, and violating this section is a misdemeanor. The restrictions do not apply to property the state or subdivision produces or acquires to sell to the general public in the ordinary course of business.
15.054 SALE OR PURCHASE OF STATE PROPERTY; PENALTY.
No officer or employee of the state or any of its political subdivisions shall sell or procure for sale or possess or control for sale to any other officer or employee of the state or subdivision, as appropriate, any property or materials owned by the state or subdivision except pursuant to conditions provided in this section. Property or materials owned by the state or a subdivision and not needed for public purposes, may be sold to an employee of the state or subdivision after reasonable public notice at a public auction or by sealed response, if the employee is not directly involved in the auction or process pertaining to the administration and collection of sealed responses. Requirements for reasonable public notice may be prescribed by other law or ordinance so long as at least one week’s published notice is specified. An employee of the state or a political subdivision may purchase no more than one motor vehicle from the state at any one auction. A person violating the provisions of this section is guilty of a misdemeanor. This section shall not apply to the sale of property or materials acquired or produced by the state or subdivision for sale to the general public in the ordinary course of business. Nothing in this section shall prohibit an employee of the state or a political subdivision from selling or possessing for sale public property if the sale or possession for sale is in the ordinary course of business or normal course of the employee’s duties.
History:
1977 c 347 s 5; 1986 c 444; 1998 c 386 art 1 s 1; 2004 c 262 art 1 s 1; 2005 c 156 art 2 s 11
History: History: 1977 c 347 s 5; 1986 c 444; 1998 c 386 art 1 s 1; 2004 c 262 art 1 s 1; 2005 c 156 art 2 s 11