By Chisum H.B. No. 3125 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the management of vehicles owned by the state. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 2171.101, Government Code, is amended by 1-5 adding Subsections (d) and (e) to read as follows: 1-6 (d) The office shall file an annual report with the 1-7 legislature containing: 1-8 (1) vehicle information submitted by state agencies; 1-9 and 1-10 (2) the names of state agencies that fail to report 1-11 complete vehicle information. 1-12 (e) The office shall review the operation of each state 1-13 agency's vehicle fleet and report to the legislature not later than 1-14 January 1 of each odd-numbered year the status of the agency's 1-15 vehicle fleet and the office's recommendations to improve 1-16 operations of the agency's vehicle fleet. 1-17 SECTION 2. Subchapter C, Chapter 2171, Government Code, is 1-18 amended by adding Sections 2171.104, 2171.1045, and 2171.105 to 1-19 read as follows: 1-20 Sec. 2171.104. MANAGEMENT PLAN. (a) The office of vehicle 1-21 fleet management, as directed by the State Council on Competitive 1-22 Government, shall develop a management plan with detailed 1-23 recommendations for improving the administration and operation of 1-24 the state's vehicle fleet. 2-1 (b) The Texas Department of Transportation, Department of 2-2 Public Safety of the State of Texas, Texas Department of Mental 2-3 Health and Mental Retardation, Parks and Wildlife Department, and 2-4 Texas Department of Criminal Justice shall assist the office of 2-5 vehicle fleet management in preparing the management plan for the 2-6 state's vehicle fleet. 2-7 (c) The management plan must address: 2-8 (1) opportunities for consolidating and privatizing 2-9 the operation and management of vehicle fleets in areas where there 2-10 is a concentration of state agencies, including the Capitol Complex 2-11 and the Health and Human Services Complex in Austin; 2-12 (2) the number and type of vehicles owned by each 2-13 agency and the purpose each vehicle serves; 2-14 (3) procedures to increase vehicle use and improve the 2-15 efficiency of the state vehicle fleet; 2-16 (4) procedures to reduce the cost of maintaining state 2-17 vehicles; 2-18 (5) the sale of excess state vehicles; and 2-19 (6) lower-cost alternatives to using state-owned 2-20 vehicles, including: 2-21 (A) using rental cars; and 2-22 (B) reimbursing employees for using personal 2-23 vehicles. 2-24 (d) The commission shall sell the excess vehicles identified 2-25 by the management plan and deposit the proceeds from the sale into 2-26 the account that the agency used to purchase the vehicles. 2-27 Sec. 2171.1045. RESTRICTIONS ON ASSIGNMENT OF VEHICLES. 3-1 Each state agency shall adopt rules, consistent with the management 3-2 plan adopted under Section 2171.104, relating to the assignment and 3-3 use of the agency's vehicles. The rules must require that: 3-4 (1) each agency vehicle, with the exception of a 3-5 vehicle assigned to a field employee, be assigned to the agency 3-6 motor pool and be available for checkout; and 3-7 (2) an agency may assign a vehicle to an individual 3-8 administrative or executive employee on a regular or everyday basis 3-9 only if the agency makes a written documented finding that the 3-10 assignment is critical to the needs and mission of the agency. 3-11 Sec. 2171.105. PURCHASE OF VEHICLES PROHIBITED. (a) Except 3-12 as provided by Subsections (b) and (c), a state agency may not 3-13 purchase a vehicle before June 1, 2000, unless the purchase is 3-14 approved by the commission. On or after June 1, 2000, a state 3-15 agency may purchase a vehicle as provided by the management plan. 3-16 (b) A state agency may purchase a vehicle for law 3-17 enforcement, emergency, or safety purposes or for performing crash 3-18 tests or related research. 3-19 (c) A state agency may purchase heavy equipment, including 3-20 tractors, bulldozers, and vehicles designed to transport 15 persons 3-21 or more, if the agency has purchased heavy equipment in previous 3-22 years. 3-23 (d) This section expires September 1, 2001. 3-24 SECTION 3. (a) This Act takes effect September 1, 1999. 3-25 (b) The office of vehicle fleet management shall prepare the 3-26 management plan required by Section 2171.104, Government Code, as 3-27 added by this Act, and present the plan to the legislature not 4-1 later than May 31, 2000. 4-2 (c) The General Services Commission shall sell the excess 4-3 vehicles identified by the management plan adopted under Section 4-4 2171.104, Government Code, as added by this Act, not later than 4-5 August 31, 2001. 4-6 SECTION 4. The importance of this legislation and the 4-7 crowded condition of the calendars in both houses create an 4-8 emergency and an imperative public necessity that the 4-9 constitutional rule requiring bills to be read on three several 4-10 days in each house be suspended, and this rule is hereby suspended.