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.