By: Greenberg H.B. No. 1256
73R5238 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state motor vehicle fleet management.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The State Purchasing and General Services Act
1-5 (Article 601b, Vernon's Texas Civil Statutes) is amended by adding
1-6 Article 15 to read as follows:
1-7 ARTICLE 15. STATE VEHICLE FLEET
1-8 Sec. 15.01. DEFINITIONS. In this article:
1-9 (1) "Motor vehicle" has the meaning assigned by
1-10 Section 2, Uniform Act Regulating Traffic on Highways (Article
1-11 6701d, Vernon's Texas Civil Statutes), and its subsequent
1-12 amendments.
1-13 (2) "Office" means the office of vehicle fleet
1-14 maintenance established under Article 14 of this Act.
1-15 Sec. 15.02. CENTRAL MOTOR VEHICLE FLEET SYSTEM. (a) The
1-16 office shall implement a central motor vehicle fleet system.
1-17 (b) The office shall implement the central motor vehicle
1-18 fleet system by January 1, 1996. This subsection expires on
1-19 January 2, 1996.
1-20 Sec. 15.03. CENTRAL MOTOR VEHICLE FLEET. (a) The office
1-21 shall establish and operate a central motor vehicle fleet.
1-22 (b) The office shall maintain the central motor vehicle
1-23 fleet at the size and with a composition that is most efficient and
1-24 economical to the state.
2-1 (c) The office shall make central fleet motor vehicles
2-2 available to agencies for daily, weekly, monthly, and yearly
2-3 rentals. The commission shall set and collect from agencies an
2-4 amount for the rental of vehicles designed to recover the costs to
2-5 the state associated with the central motor vehicle fleet.
2-6 (d) Money received by the office shall be deposited to the
2-7 credit of a fund in the treasury to be known as the central motor
2-8 vehicle fleet fund. Money in the fund may be appropriated only to
2-9 the commission for the operation and administration of the central
2-10 motor vehicle fleet.
2-11 Sec. 15.04. RECORD SYSTEM. The office shall establish a
2-12 central recordkeeping system and maintain records of all relevant
2-13 information relating to:
2-14 (1) the operation of the central motor vehicle fleet
2-15 system; and
2-16 (2) each motor vehicle that is part of the central
2-17 motor vehicle fleet.
2-18 Sec. 15.05. ACQUISITION OF MOTOR VEHICLES. (a) The office
2-19 shall acquire all motor vehicles for state agencies.
2-20 (b) The office may acquire a motor vehicle by any method,
2-21 including purchase, lease, rental, or gift.
2-22 (c) Any vehicle acquired by the office is part of the
2-23 central motor vehicle fleet.
2-24 (d) This section does not prohibit a state agency from
2-25 acquiring a motor vehicle by gift.
2-26 Sec. 15.06. TITLE TO MOTOR VEHICLE. (a) The office shall
2-27 retain custody of the certificate of title or other evidence of
3-1 ownership that is issued for any motor vehicle acquired by the
3-2 office.
3-3 (b) Title to any vehicle acquired by the office shall be in
3-4 the name of the office of vehicle fleet maintenance.
3-5 Sec. 15.07. MOTOR VEHICLE INSURANCE. (a) The office shall
3-6 negotiate and enter into one or more insurance contracts on behalf
3-7 of state agencies to cover motor vehicles owned, leased, or under
3-8 the control of state agencies on September 1, 1993.
3-9 (b) Per-mile costs of insurance under this section shall be
3-10 determined by the commission using standard utilization and other
3-11 criteria established by the commission.
3-12 Sec. 15.08. MAINTENANCE, SERVICE, AND REPAIR. The office is
3-13 responsible for the maintenance, service, and repair of all central
3-14 motor vehicle fleet vehicles.
3-15 Sec. 15.09. MAINTENANCE, SERVICE, AND REPAIR FACILITIES.
3-16 (a) The office may establish central fleet facilities in the
3-17 various regions of the state as necessary to maintain, service, and
3-18 repair central fleet motor vehicles in those regions.
3-19 (b) The office may own, lease, or contract for facilities
3-20 for the maintenance, service, and repair of central fleet motor
3-21 vehicles.
3-22 Sec. 15.10. DISPOSAL OF VEHICLES. Only the office may
3-23 dispose of a central fleet motor vehicle.
3-24 Sec. 15.11. RULES. The commission shall adopt rules to
3-25 administer this article.
3-26 Sec. 15.12. SURVEY AND REPORT. (a) The office shall
3-27 conduct a survey to identify the number and types of motor vehicles
4-1 owned, leased, or under the control of state agencies and prepare a
4-2 report of its findings.
4-3 (b) Each state agency shall cooperate with the office of
4-4 vehicle fleet maintenance in the survey and, as soon as
4-5 practicable, deliver to the office of vehicle fleet maintenance the
4-6 certificate of title to, or other evidence of ownership of, each
4-7 motor vehicle that the agency owns, leases, or has control over.
4-8 (c) The report under Subsection (a) of this section shall
4-9 include the recommendation of the office on the number and types of
4-10 motor vehicles that should be in the central motor vehicle fleet
4-11 and the number and types of motor vehicles that should be leased or
4-12 assigned to each state agency.
4-13 (d) A copy of the report shall be delivered to the
4-14 Legislative Budget Board and the governor's budget office before
4-15 January 1, 1994.
4-16 (e) This section expires January 1, 1994.
4-17 Sec. 15.13. AUDIT. (a) The state auditor shall audit the
4-18 central motor vehicle fleet system and determine the cost
4-19 effectiveness of the system.
4-20 (b) The state auditor shall complete the audit required by
4-21 this section before June 30, 1998.
4-22 (c) This section expires June 30, 1998.
4-23 SECTION 2. This Act takes effect September 1, 1993.
4-24 SECTION 3. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
4-27 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended.