(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Annual physical inventory--The annual capitalized and controlled personal property physical inventory count that a state agency must conduct once each fiscal year in accordance with this section.
(2) Betterment of state property--An improvement of state property that materially increases its serviceability or useful life, or both.
(3) Capital asset--A possession of the state that has an estimated useful life of more than one year.
(4) Capital lease--A lease of personal property under which the lessee substantially assumes the risks and benefits of ownership as specified under pronouncements of the Governmental Accounting Standards Board.
(5) Capitalized asset--A capital asset that has a value equal to or greater than the capitalization threshold established by the comptroller for that asset type.
(6) Comptroller--The Comptroller of Public Accounts for the State of Texas.
(7) Controlled asset--An agency asset that the state has determined to be at a high risk for loss; that must be secured and tracked; and that has a value equal to or greater than the cost established by the comptroller. The term does not include a capitalized asset, real property, an improvement to real property, or infrastructure.
(8) Fiduciary fund--A fund held by a state agency as trustee of the fund. The term includes pension funds and non-expendable trust funds.
(9) Fiscal year--The accounting period for state government, which begins on September 1 and ends on August 31.
(10) Include--A term of enlargement and not of limitation or exclusive enumeration. The use of the term does not create a presumption that components not expressed are excluded.
(11) Institution of higher education--Has the meaning assigned by Education Code, §61.003(8).
(12) Internal state agency--A state agency that uses the SPA system exclusively as its own property accounting system.
(13) May not--A prohibition. The term does not mean "might not" or its equivalents.
(14) Personal property--A capitalized or controlled asset not classified as real property. The term includes trust property.
(15) Proprietary fund--A self-supporting fund whose resources are generated through user charges. The term includes enterprise and internal service funds.
(16) Real property--Land including structures or other improvements that are embedded into or permanently affixed to the land.
(17) Replacement of state property--A replacement of an internal or external part of state property that allows it to complete its normal useful life.
(18) Reporting state agency--A state agency that reports information from its own property accounting system to the SPA system.
(19) Salvage personal property--Personal property that no longer serves its original purpose because it is depleted, worn out, damaged, consumed, outdated, or obsolete. The term does not include personal property that has a remaining useful life.
(20) SPA system--The state property accounting system, which is the fixed asset component of the uniform statewide accounting system.
(21) State agency--A state governmental entity that manages, administers, or controls state property.
(22) State property--Property possessed by the state. The term includes real property and personal property.
(23) Surplus personal property--Personal property in the possession of a state agency that is not currently needed by the agency and is not required for the agency's foreseeable needs. The term does not include salvage personal property.
(24) Trust property--Property not owned by the state that a state agency temporarily holds on behalf of the owner and is not used in agency operations.
(25) University system--Has the meaning assigned by Education Code, §61.003(10).
(26) USAS--The Uniform Statewide Accounting System, which is the integrated financial system of record for the State of Texas financial records.
(b) Exemptions.
(1) Equipment and supplies purchased through programs, contracts, or grants with the Department of State Health Services.
(2) Items provided to an individual with a disability.
(3) Items provided to clients of state agencies.
(4) University system or institution of higher education.
(5) Items of state property otherwise exempt by law. An item of state property is exempt from the requirements of this section if it is otherwise exempt by law from the requirements of the SPA system.
(c) General responsibilities.
(1) Designation, supervision and training of property manager.
(2) Responsibility for custody and care. The head of a state agency is responsible for the custody and care of state property in the agency's possession. This responsibility does not end when a property manager is designated.
(3) Change of head of a state agency or property manager. If the head of a state agency or property manager changes, the outgoing head of the state agency or outgoing property manager shall inform the comptroller of the change not later than 15 days after the change occurs by properly completing and submitting the form required by the comptroller.
(4) Perpetual inventory. A state agency shall maintain a perpetual inventory.
(5) Inventory controls. The head of a state agency shall ensure that the agency maintains adequate inventory controls on state property.
(6) Maintaining records. The property manager of a state agency shall maintain the records required by the comptroller, this section, and applicable law.
(7) Forms. A state agency shall use the forms prescribed by the comptroller when taking any action authorized or required by this section. The comptroller may adopt and modify forms as the comptroller deems necessary.
(8) Use of state property. State property may only be used for state purposes.
(d) Certification of internal state agencies and reporting state agencies.
(1) General requirement. A state agency must be certified by the comptroller as an internal state agency or a reporting state agency.
(2) Request for certification or change of certification initiated by state agency.
(3) Certification changes initiated by the comptroller. The comptroller may change a state agency's certification any time the comptroller determines the change is needed.
(4) Effective date of certification. If the comptroller approves a request for certification or a change of certification under paragraph (2) of this subsection or changes an agency's certification under paragraph (3) of this subsection, the change is effective on the date specified by the comptroller.
(e) Records and reporting.
(1) Internal state agencies.
(2) Reporting state agencies.
(3) Tracking of state property.
(4) Access to the SPA system. An individual may have access to the SPA system only in accordance with the procedures and security limitations prescribed by the comptroller.
(f) Valuation of state property.
(1) General provision. This subsection governs the valuation of state property as reported to the SPA system.
Cont'd...