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.