1-1 By: Chisum (Senate Sponsor - Fraser) H.B. No. 3125 1-2 (In the Senate - Received from the House May 3, 1999; 1-3 May 4, 1999, read first time and referred to Committee on State 1-4 Affairs; May 14, 1999, reported favorably by the following vote: 1-5 Yeas 8, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the management of vehicles owned by the state. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Section 2171.101, Government Code, is amended by 1-11 adding Subsections (d) and (e) to read as follows: 1-12 (d) The office shall file an annual report with the 1-13 legislature containing: 1-14 (1) vehicle information submitted by state agencies; 1-15 and 1-16 (2) the names of state agencies that fail to report 1-17 complete vehicle information. 1-18 (e) The office shall review the operation of each state 1-19 agency's vehicle fleet and report to the legislature not later than 1-20 January 1 of each odd-numbered year the status of the agency's 1-21 vehicle fleet and the office's recommendations to improve 1-22 operations of the agency's vehicle fleet. 1-23 SECTION 2. Subchapter C, Chapter 2171, Government Code, is 1-24 amended by adding Sections 2171.104, 2171.1045, and 2171.105 to 1-25 read as follows: 1-26 Sec. 2171.104. MANAGEMENT PLAN. (a) The office of vehicle 1-27 fleet management, as directed by the State Council on Competitive 1-28 Government, shall develop a management plan with detailed 1-29 recommendations for improving the administration and operation of 1-30 the state's vehicle fleet. 1-31 (b) The Texas Department of Transportation, Department of 1-32 Public Safety of the State of Texas, Texas Department of Mental 1-33 Health and Mental Retardation, Parks and Wildlife Department, and 1-34 Texas Department of Criminal Justice shall assist the office of 1-35 vehicle fleet management in preparing the management plan for the 1-36 state's vehicle fleet. 1-37 (c) The management plan must address: 1-38 (1) opportunities for consolidating and privatizing 1-39 the operation and management of vehicle fleets in areas where there 1-40 is a concentration of state agencies, including the Capitol Complex 1-41 and the Health and Human Services Complex in Austin; 1-42 (2) the number and type of vehicles owned by each 1-43 agency and the purpose each vehicle serves; 1-44 (3) procedures to increase vehicle use and improve the 1-45 efficiency of the state vehicle fleet; 1-46 (4) procedures to reduce the cost of maintaining state 1-47 vehicles; 1-48 (5) the sale of excess state vehicles; and 1-49 (6) lower-cost alternatives to using state-owned 1-50 vehicles, including: 1-51 (A) using rental cars; and 1-52 (B) reimbursing employees for using personal 1-53 vehicles. 1-54 (d) The commission shall sell the excess vehicles identified 1-55 by the management plan and deposit the proceeds from the sale into 1-56 the account that the agency used to purchase the vehicles. 1-57 Sec. 2171.1045. RESTRICTIONS ON ASSIGNMENT OF VEHICLES. 1-58 Each state agency shall adopt rules, consistent with the management 1-59 plan adopted under Section 2171.104, relating to the assignment and 1-60 use of the agency's vehicles. The rules must require that: 1-61 (1) each agency vehicle, with the exception of a 1-62 vehicle assigned to a field employee, be assigned to the agency 1-63 motor pool and be available for checkout; and 1-64 (2) an agency may assign a vehicle to an individual 2-1 administrative or executive employee on a regular or everyday basis 2-2 only if the agency makes a written documented finding that the 2-3 assignment is critical to the needs and mission of the agency. 2-4 Sec. 2171.105. PURCHASE OF VEHICLES PROHIBITED. (a) Except 2-5 as provided by Subsections (b) and (c), a state agency may not 2-6 purchase a vehicle before June 1, 2000, unless the purchase is 2-7 approved by the commission. On or after June 1, 2000, a state 2-8 agency may purchase a vehicle as provided by the management plan. 2-9 (b) A state agency may purchase a vehicle for law 2-10 enforcement, emergency, or safety purposes or for performing crash 2-11 tests or related research. 2-12 (c) A state agency may purchase heavy equipment, including 2-13 tractors, bulldozers, and vehicles designed to transport 15 persons 2-14 or more, if the agency has purchased heavy equipment in previous 2-15 years. 2-16 (d) This section expires September 1, 2001. 2-17 SECTION 3. (a) This Act takes effect September 1, 1999. 2-18 (b) The office of vehicle fleet management shall prepare the 2-19 management plan required by Section 2171.104, Government Code, as 2-20 added by this Act, and present the plan to the legislature not 2-21 later than May 31, 2000. 2-22 (c) The General Services Commission shall sell the excess 2-23 vehicles identified by the management plan adopted under Section 2-24 2171.104, Government Code, as added by this Act, not later than 2-25 August 31, 2001. 2-26 SECTION 4. The importance of this legislation and the 2-27 crowded condition of the calendars in both houses create an 2-28 emergency and an imperative public necessity that the 2-29 constitutional rule requiring bills to be read on three several 2-30 days in each house be suspended, and this rule is hereby suspended. 2-31 * * * * *