By Lucio S.B. No. 1795
77R11038 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to highways, transportation, and the operation of the
1-3 Texas Department of Transportation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 201, Transportation Code, is
1-6 amended by adding Section 201.2036 to read as follows:
1-7 Sec. 201.2036. REVIEW OF INFORMATION SYSTEMS. (a) The
1-8 department shall contract with independent specialists with
1-9 extensive knowledge of evolving legacy systems for a comprehensive
1-10 review of the department's information systems.
1-11 (b) The review must include:
1-12 (1) identification and solicitation of information
1-13 from major internal and external customer and user groups to
1-14 determine and plan for the department's information system product
1-15 and service needs;
1-16 (2) evaluation of the extent to which the department's
1-17 information technology enterprise plans meet those needs;
1-18 (3) consideration of the ability of the department's
1-19 information systems division to accomplish the goal, objectives,
1-20 strategies, and actions provided for in the department's strategic
1-21 plan;
1-22 (4) evaluation of the relative potential and costs of
1-23 the department's database strategy to meet anticipated user demands
1-24 compared to alternative strategies; and
2-1 (5) determination of the relative advisability and
2-2 desirability of implementation of agency-wide enterprise resource
2-3 planning software as an alternative to continuing to maintain and
2-4 evolve current systems.
2-5 (c) The contract must require that a report of the review be
2-6 submitted to the department before January 1, 2003.
2-7 (d) This section expires January 1, 2003.
2-8 SECTION 2. Subchapter D, Chapter 201, Transportation Code,
2-9 is amended by adding Section 201.207 to read as follows:
2-10 Sec. 201.207. CONSOLIDATION OF DISTRICT DESIGN ACTIVITIES.
2-11 (a) The department shall develop a detailed and comprehensive plan
2-12 to move existing design work from the area offices and consolidate
2-13 the work in the district headquarters, supported by the design
2-14 division in Austin, within existing budget levels.
2-15 (b) Under the plan, at least 25 percent of design work must
2-16 be moved to the districts within four years of the effective date
2-17 of this section, and 50 percent must be centralized within eight
2-18 years of that date.
2-19 (c) The transition required by this section shall take place
2-20 within existing department budget resources.
2-21 (d) The plan must provide that as department employees leave
2-22 or retire, design-related positions are reestablished at district
2-23 headquarters instead of at area offices.
2-24 (e) The plan may provide for the refurbishing or reuse, if
2-25 possible, of proximate surplus buildings, the relocating of
2-26 employee locations within existing district buildings, and the
2-27 reuse of any surplus regional office space currently being used by
3-1 vehicle titles and registration regional offices that are located
3-2 within district offices.
3-3 (f) Except for unusual or significantly complex engineering
3-4 projects, the districts shall provide their own design review.
3-5 (g) As part of the plan for centralizing design, the
3-6 department shall include the reallocation of some engineering
3-7 positions to the field so as to enhance production and design
3-8 review in district headquarters.
3-9 (h) Department staff resources shall be reallocated to
3-10 create a more aggressive and accountable project development
3-11 process centralized in the districts. Some engineering positions
3-12 may be transferred to the districts, including positions for
3-13 production or supporting design review activities in the districts.
3-14 (i) Complex projects shall continue to be reviewed by the
3-15 roadway design and bridge divisions of the department for
3-16 conformity with any changes in standards, specifications, or rules.
3-17 Those divisions shall continue to provide consultants for bridge
3-18 inspection, large bridge design, subsurface utility location, and
3-19 selected laboratory work and work in standards development,
3-20 landscape, enhancements, hydraulics, project services, and pavement
3-21 management. However, final design authority shall be vested in the
3-22 responsible persons.
3-23 (j) The plan shall provide for the reassignment of some
3-24 positions in the three field coordination units to the districts
3-25 and for the assignment of registered professional engineer
3-26 expertise in the design division to complex project review and
3-27 support to the districts on design standards and other functions.
4-1 (k) The department shall use those districts where
4-2 centralized design is in place as test cases for implementing the
4-3 plan.
4-4 (l) As part of the plan, the department shall reduce the
4-5 number of information technology FTEs allocated to districts.
4-6 (m) Before December 31 of each even-numbered year, the
4-7 department shall submit a report to the legislature on the
4-8 department's compliance with this section during the preceding two
4-9 years.
4-10 (n) This section expires December 21, 2010.
4-11 SECTION 3. Subchapter D, Chapter 201, Transportation Code,
4-12 is amended by adding Section 201.209 to read as follows:
4-13 Sec. 201.209. ASSET MANAGEMENT. (a) The department shall
4-14 implement a comprehensive asset management system for owned and
4-15 leased assets, excluding rights-of-way. The system shall include:
4-16 (1) an annual statewide asset review;
4-17 (2) creation of standards for classifying assets;
4-18 (3) monitoring of asset transactions and the
4-19 development of timetables for transactions;
4-20 (4) use of the department's leased facilities
4-21 database, if feasible;
4-22 (5) incorporation of:
4-23 (A) previous department asset assessments; and
4-24 (B) information from the General Land Office's
4-25 evaluation of department real property; and
4-26 (6) integration with department district information
4-27 systems.
5-1 (b) The department shall create a statewide facilities
5-2 master plan for owned and leased real property, including
5-3 department facilities. The plan shall:
5-4 (1) be updated every biennium;
5-5 (2) distinguish between simple and complex assets;
5-6 (3) include the development of timetables for asset
5-7 transactions; and
5-8 (4) implement the recommendations from the General
5-9 Land Office's evaluation of department real property by the end of
5-10 fiscal year 2006, not including recommendations relating to the
5-11 Sugarland Prison Farm, the Leander Rehabilitation Center, and the
5-12 department district's headquarters in San Antonio.
5-13 (c) The department shall develop and publish guidelines for
5-14 barter transactions involving department facilities.
5-15 (d) The department shall hire qualified specialists and
5-16 analysts as necessary to implement this section.
5-17 SECTION 4. Subchapter F, Chapter 201, Transportation Code,
5-18 is amended by adding Section 201.407 to read as follows:
5-19 Sec. 201.407. ALLOCATION OF EMPLOYEES. (a) The department
5-20 shall examine the department's core business and administrative
5-21 units and develop a plan to streamline the department's operation
5-22 by:
5-23 (1) transferring employees in engineering, technician,
5-24 and engineering assistant positions from the statewide headquarters
5-25 office to district offices;
5-26 (2) transferring employees in support positions from
5-27 the division offices to the state headquarters office; and
6-1 (3) increasing the department's staff-to-manager
6-2 ratio.
6-3 (b) In conducting the examination under Subsection (a), the
6-4 department shall focus primarily on the following units:
6-5 (1) bridge and roadway design;
6-6 (2) construction;
6-7 (3) environmental affairs;
6-8 (4) maintenance; and
6-9 (5) transportation planning and programming.
6-10 (c) The department shall present the plan required by this
6-11 section to the 78th Legislature and shall begin the transfer of
6-12 personnel as required by this section not later than August 31,
6-13 2003. This section expires September 1, 2003.
6-14 SECTION 5. Subchapter F, Chapter 201, Transportation Code,
6-15 is amended by adding Section 201.408 to read as follows:
6-16 Sec. 201.408. LIMITATION ON CERTAIN EMPLOYEES. The
6-17 department may not employ more than one employee who performs
6-18 duties relating to human resources per 100 department employees.
6-19 SECTION 6. (a) Section 201.501, Transportation Code, is
6-20 amended to read as follows:
6-21 Sec. 201.501. RECORDING AND STORAGE [REPRODUCTION] OF
6-22 RECORDS. (a) The department shall develop an imaging system to
6-23 record and store [may photograph, microphotograph, or film] any
6-24 record that pertains to department operations.
6-25 (b) The department shall record and store [may create]
6-26 original records in an electronic form [micrographic form on media,
6-27 such as computer output microfilm].
7-1 (c) The department shall [provide an adequate number of
7-2 microfilm readers and printers to] allow the public convenient and
7-3 inexpensive access to records created under Subsection (a). The
7-4 department shall index the records alphabetically, by number, by
7-5 subject matter, or by other appropriate references and shall
7-6 provide the index to the public to promote convenient access.
7-7 (d) An image [A photograph, microphotograph, or film] of a
7-8 record reproduced under Subsection (a) is equivalent to the
7-9 original record for all purposes, including introduction as
7-10 evidence in all courts and administrative agency proceedings. A
7-11 certified or authenticated copy of such an image [a photograph,
7-12 microphotograph, or film] is admissible as evidence equally with
7-13 the original image [photograph, microphotograph, or film].
7-14 (e) The director or an authorized representative may certify
7-15 the authenticity of an image [a photograph, microphotograph, or
7-16 film] of a record reproduced under this section and shall charge a
7-17 fee for access to the image [the certified photograph,
7-18 microphotograph, or film] as provided by law.
7-19 (f) Certified records shall be furnished to any person who
7-20 is authorized by law to receive them.
7-21 (b) As the Texas Department of Transportation implements a
7-22 record imaging system in accordance with Section 201.501,
7-23 Transportation Code, as amended by this section, the department
7-24 shall phase out its microform library of records. Not later than
7-25 January 1, 2002, the department must have fully implemented a
7-26 record imaging and storage system in accordance with Section
7-27 201.501, Transportation Code, as amended by this section.
8-1 SECTION 7. Subchapter H, Chapter 201, Transportation Code,
8-2 is amended by adding Section 201.614 to read as follows:
8-3 Sec. 201.614. CONSULTANT SELECTION PROCESS. The department
8-4 shall work with the consulting engineering design community to
8-5 improve its consultant selection process and with representatives
8-6 of other states to find ways to reduce administrative burdens on
8-7 the department and consulting firms.
8-8 SECTION 8. Subchapter H, Chapter 201, Transportation Code,
8-9 is amended by adding Sections 201.615 and 201.616 to read as
8-10 follows:
8-11 Sec. 201.615. PUBLIC-PRIVATE COMPETITION FOR HIGHWAY
8-12 MAINTENANCE. The department shall increase the number of highway
8-13 maintenance projects that are open to private competition and shall
8-14 contract with private businesses to perform highway maintenance if
8-15 a private business is capable of performing better maintenance than
8-16 the department is capable of performing at a lower cost than the
8-17 department's cost for the same maintenance.
8-18 Sec. 201.616. HIGHWAY MAINTENANCE PILOT PROJECT. (a) The
8-19 department shall create a pilot project to outsource highway
8-20 maintenance to private businesses. The project shall include all
8-21 aspects of highway maintenance, including capital work and bridge
8-22 maintenance, and shall focus on costs over the highway's life cycle
8-23 and encourage vendor innovation. The term of the project must be of
8-24 adequate duration and the highway segment of sufficient size to
8-25 allow the department to determine the effectiveness of the project.
8-26 (b) A project under this section may be a new project or a
8-27 renegotiation of an existing project.
9-1 (c) This section expires December 31, 2003.
9-2 SECTION 9. Subchapter I, Chapter 201, Transportation Code,
9-3 is amended by adding Section 201.7045 to read as follows:
9-4 Sec. 201.7045. REPAIR AND MAINTENANCE OF HIGHWAY EQUIPMENT
9-5 AND MOTOR VEHICLES. In connection with the repair and maintenance
9-6 of highway equipment and motor vehicles used by the department, the
9-7 department shall:
9-8 (1) hold district engineers accountable for compliance
9-9 with equipment preventative maintenance schedules;
9-10 (2) improve maintenance practices so as to reduce
9-11 downtime and total equipment requirements and to improve equipment
9-12 reliability and salvage value;
9-13 (3) require that, whenever practicable, preventative
9-14 maintenance be performed on equipment and vehicles when they are
9-15 not being used for operations;
9-16 (4) recalculate district shop and labor rate
9-17 calculations to reflect "best practice" standards; and
9-18 (5) use outside contractors to perform after-hours
9-19 maintenance whenever the department has evaluated the
9-20 cost-effectiveness of after-hours maintenance and determined that
9-21 performing after-hours maintenance is the most efficient option.
9-22 SECTION 10. Subchapter I, Chapter 201, Transportation Code,
9-23 is amended by adding Section 201.708 to read as follows:
9-24 Sec. 201.708. PURCHASING METHOD. In purchasing goods and
9-25 services the department may use, but is not limited to, the reverse
9-26 auction procedure.
9-27 SECTION 11. Subchapter I, Chapter 201, Transportation Code,
10-1 is amended by adding Sections 201.709-201.712 to read as follows:
10-2 Sec. 201.709. JUST-IN-TIME INVENTORY PILOT PROGRAM. (a)
10-3 Before January 1, 2002, the General Services Commission and the
10-4 department shall implement a "just-in-time" inventory pilot program
10-5 for the purchase of office and janitorial supplies for the
10-6 department in small quantities with frequent deliveries.
10-7 (b) The General Services Commission and the department shall
10-8 determine which office supplies and janitorial items are to be
10-9 included in the pilot program.
10-10 (c) To the extent necessary to implement the inventory pilot
10-11 program, the department or the General Services Commission, as
10-12 applicable, may modify the terms of contracts offered to vendors as
10-13 part of the pilot program to ensure that items are delivered to the
10-14 department within 24 to 48 hours from the time the department
10-15 orders those items.
10-16 (d) To the extent practicable, items to be purchased under
10-17 the pilot program should not be inventoried at a regional supply
10-18 center or district warehouse of the department but should be
10-19 delivered directly to the location where they are to be used.
10-20 (e) The General Services Commission and the department shall
10-21 use as the model for the pilot program under this section the
10-22 program for "just-in-time" inventory approaches for the purchase of
10-23 office supplies and the program for the purchase of office or
10-24 janitorial supplies adopted by other states with populations that
10-25 exceed the population of this state.
10-26 (f) Under the pilot program developed by the General
10-27 Services Commission and the department, the department should offer
11-1 one contract for office supplies and a separate contract for
11-2 janitorial items. A contract offered under the pilot program must:
11-3 (1) require service guarantees similar to those
11-4 required by the programs in the other states; and
11-5 (2) allow orders to be placed by telephone, facsimile,
11-6 mail, or the Internet, with the Internet to be used as the primary
11-7 communication mode.
11-8 (g) This section expires December 31, 2003.
11-9 Sec. 201.710. SUPPLY CHAIN MANAGEMENT GROUP. (a) The
11-10 department shall create a supply chain management group to lead the
11-11 application of "best practices" in logistics and materials
11-12 management throughout the department. The group shall be placed
11-13 within the purchasing section of the department's general services
11-14 division at a level that supports organizational visibility.
11-15 (b) The supply chain management group may not be composed of
11-16 more than five employees located at the department's Austin
11-17 headquarters. At least two members of the group should have
11-18 private-sector experience in supply chain management and possess
11-19 professional certification in that area. The remaining group
11-20 members should be recruited from within the department and have
11-21 demonstrated innovative work in purchasing or warehousing.
11-22 (c) As its initial task, the supply chain management group
11-23 shall review all existing reports, including the June 1997 KPMG
11-24 Peat Marwick report and the November 1998 report by the state
11-25 auditor, identify viable recommendations, develop implementation
11-26 strategies, and seek approval from executive management to
11-27 implement those recommendations.
12-1 (d) After the supply chain management group completes its
12-2 task under Subsection (c), the group shall travel to the department
12-3 districts and divisions and facilitate the establishment of
12-4 permanent supply chain committees, composed of seven to nine
12-5 members from within the department having staggered terms to ensure
12-6 continuity. Purchasing, warehousing, and district or division
12-7 management personnel shall select representatives from end user
12-8 groups to fill the remaining positions on the committee.
12-9 (e) The supply chain management group shall focus its
12-10 efforts on conducting "yellow pages tests" to determine whether the
12-11 department should do particular jobs if there are businesses that
12-12 advertise in the telephone directory yellow pages that can do those
12-13 jobs better and at a lower cost. The group should first review
12-14 warehousing operations and then review other areas of supply chain
12-15 management.
12-16 Sec. 201.711. SUPPLY CHAIN MANAGEMENT TRAINING. (a) The
12-17 department shall collaborate with private-sector logistics
12-18 organizations to provide supply chain management training for the
12-19 department's purchasing and warehouse managers.
12-20 (b) The supply chain management group established under
12-21 Section 201.710 may assist in providing training under Subsection
12-22 (a). In addition, and so as to complement the efforts of the
12-23 supply chain management group and to integrate supply chain
12-24 management principles throughout the department's divisions and
12-25 districts, the department shall encourage department purchasing and
12-26 warehouse managers to pursue additional training and certification.
12-27 Sec. 201.712. EVALUATION OF WAREHOUSE SPACE. (a) The
13-1 department shall evaluate the department's warehouse space and
13-2 determine how to maximize the use of that space.
13-3 (b) If the implementation of Sections 201.709-201.711
13-4 results in the identification or creation of warehouse space that
13-5 is not being used by the department, and depending on the amount of
13-6 that unused space, the department shall consider leasing the unused
13-7 space to other entities or converting the space to other uses.
13-8 SECTION 12. Subchapter I, Chapter 201, Transportation Code,
13-9 is amended by adding Section 201.713 to read as follows:
13-10 Sec. 201.713. CERTAIN CONTRACTS WITH THE TEXAS DEPARTMENT OF
13-11 CRIMINAL JUSTICE. The department shall renegotiate a contract for
13-12 signs with the Texas Department of Criminal Justice as necessary to
13-13 reduce:
13-14 (1) the sign inventory of the department; and
13-15 (2) the number of days allowed for the Texas
13-16 Department of Criminal Justice to deliver signs.
13-17 SECTION 13. Subchapter J, Chapter 201, Transportation Code,
13-18 is amended by adding Section 201.8015 to read as follows:
13-19 Sec. 201.8015. CENTRALIZATION OF INFORMATION AND ASSISTANCE.
13-20 (a) The department shall centralize consumer and technical
13-21 assistance in its help desk. The department shall include in the
13-22 duties of the help desk answering questions from the public and
13-23 counties about registration and titling, and shall direct a
13-24 majority of those calls to the help desk.
13-25 (b) The department shall reallocate employees between
13-26 regional offices and the help desk as necessary to carry out
13-27 Subsection (a).
14-1 SECTION 14. Section 202.055, Transportation Code, is amended
14-2 by adding Subsection (e) to read as follows:
14-3 (e) The department shall:
14-4 (1) seek information from potential lessees of rest
14-5 areas to determine interest in leasing rest areas and ways that
14-6 rest areas could be used to benefit the public and reduce state
14-7 expenses; and
14-8 (2) consider, in determining proposed uses of a rest
14-9 area, the opinions of government officials serving the area in
14-10 which the rest area is located and of businesses and residents in
14-11 that area.
14-12 SECTION 15. (a) Subchapter A, Chapter 223, Transportation
14-13 Code, is amended by adding Section 223.014 to read as follows:
14-14 Sec. 223.014. PREQUALIFICATION-BASED BIDDING. (a) The
14-15 department shall establish a formal process to establish strict
14-16 initial prequalification criteria and provide for ongoing follow-up
14-17 evaluations to assess the quality of work performed by bidders.
14-18 The process must be simple and straightforward so as to minimize
14-19 the administrative burden of the department and contractors.
14-20 (b) The department shall evaluate each project of the
14-21 department after completion and compile a performance index for
14-22 each contractor. The performance index may be used to increase or
14-23 decrease the amount of work a contractor may be given on the basis
14-24 of the prequalification limit. A higher performance index shall
14-25 allow bidding on larger jobs. To reduce concerns of the
14-26 contractors, information collected under this subsection may not be
14-27 used to adjust bid prices.
15-1 (c) The department shall tier the qualifications so that
15-2 specialized expertise is necessary only if that element is included
15-3 in the particular bid under consideration.
15-4 (b) Subchapter B, Chapter 223, Transportation Code, is
15-5 amended by adding Section 223.049 to read as follows:
15-6 Sec. 223.049. USE OF WARRANTIES. (a) The department shall
15-7 increase its use of warranties.
15-8 (b) The department shall begin implementing warranties in a
15-9 sample of new construction contracts with appropriate associated
15-10 surety provisions. The use of warranties may be extended as the
15-11 department and contractors and insurers develop experience and
15-12 expertise. In implementing warranties, the department shall
15-13 develop strict prequalification guidelines to ensure that this
15-14 state receives the maximum benefit.
15-15 (c) The department shall determine warranty length based on
15-16 its experience, construction practices, and the project involved.
15-17 Life cycle cost analysis shall be used to determine when to use
15-18 warranties. Appropriate quality control processes must remain in
15-19 place for the projects.
15-20 (d) The department shall conduct analyses of warranties in
15-21 high-volume restricted access road projects, such as interstate
15-22 highways, toll roads, and bridges. The department shall also
15-23 analyze warranties for specific elements of larger projects, such
15-24 as asphalt-concrete pavement, bridge decks, bridge painting, and
15-25 bridge expansion dams.
15-26 (e) For a contract that combines both the design and
15-27 construction elements, including an exclusive developer agreement,
16-1 the department must include as part of the bidding process an
16-2 option for an extended warranty for items such as pavement so that
16-3 life cycle cost analysis can determine cost-effectiveness.
16-4 SECTION 16. Subchapter A, Chapter 502, Transportation Code,
16-5 is amended by adding Section 502.010 to read as follows:
16-6 Sec. 502.010. INTERNET REGISTRATION SYSTEM. The department
16-7 shall expand the department's Internet registration system to allow
16-8 for:
16-9 (1) interconnection with the automated registration
16-10 and title system;
16-11 (2) vehicle fleet registration; and
16-12 (3) registration of vehicles under the International
16-13 Registration Plan under Section 502.054.
16-14 SECTION 17. Subchapter C, Chapter 502, Transportation Code,
16-15 is amended by adding Section 502.115 to read as follows:
16-16 Sec. 502.115. COUNTY ONE-STOP SHOPS. (a) The department
16-17 shall create county one-stop shops for vehicle titling and
16-18 registration so as to improve customer service and refocus the
16-19 department's regional offices to support county one-stop shops and
16-20 to serve apportioned vehicle owners.
16-21 (b) As county assessor-collector's offices begin to perform
16-22 vehicle registration and titling transactions:
16-23 (1) the department's regional offices shall cease to
16-24 provide services that are being performed by the counties; and
16-25 (2) the department shall delegate the entire refund
16-26 process to counties.
16-27 (c) In addition, each county shall be allowed to choose
17-1 whether the county will register vehicles under the international
17-2 registration plan. The department's regional offices shall
17-3 continue to perform registrations under the plan only for counties
17-4 in their region that chose not to register those vehicles.
17-5 (d) The department's regional offices shall also reduce the
17-6 number of transactions they perform on a routine or emergency basis
17-7 if the Austin headquarters generally performs or could perform
17-8 these functions.
17-9 (e) After the changes required by Subsections (a)-(d) are
17-10 implemented, regional office employees who are not currently
17-11 located on the campus of a district office shall be housed on a
17-12 district or area campus.
17-13 (f) The department shall fully implement this section before
17-14 August 31, 2003. This section expires September 1, 2003.
17-15 SECTION 18. This Act takes effect September 1, 2001.