Amend CSSB 1952 by adding the following appropriately
numbered ARTICLE to PART 1 of the bill:
ARTICLE __. STATE AIRCRAFT POOLING BOARD
SECTION __. The heading to Chapter 2205, Government Code,
is amended to read as follows:
CHAPTER 2205. STATE-OPERATED AIRCRAFT [POOLING]
SECTION __. Subchapter B, Chapter 2205, Government Code, is
amended by adding Section 2205.0315 to read as follows:
Sec. 2205.0315. DEFINITION. In this chapter, "department"
means the Department of Public Safety of the State of Texas.
SECTION __. Section 2205.032, Government Code, is amended
to read as follows:
Sec. 2205.032. TRANSPORTATION [CUSTODY, CONTROL,
OPERATION,] AND MAINTENANCE. (a) The department shall maintain
[board shall operate a pool for the custody, control, operation,
and maintenance of] all aircraft owned or leased by the state.
(b) The department [board] may provide aircraft
transportation under Section 2205.036 [purchase aircraft with
funds appropriated for that purpose].
[(c) As part of the strategic plan that the board develops
and submits under Chapter 2056, the board shall develop a
long-range plan for its pool of aircraft. The board shall include
appropriate portions of the long-range plan in its legislative
appropriations request. The long-range plan must include estimates
of future aircraft replacement needs and other fleet management
needs, including any projected need to increase or decrease the
number of aircraft in the pool. In developing the long-range plan,
the board shall consider at a minimum for each aircraft in the pool:
[(1) how much the aircraft is used and the purposes for
which it is used;
[(2) the cost of operating the aircraft and the
revenue generated by the aircraft; and
[(3) the demand for the aircraft or for that type of
aircraft.]
SECTION __. Section 2205.034, Government Code, is amended
to read as follows:
Sec. 2205.034. FACILITIES. (a) The department [board] may
acquire appropriate facilities for the accommodation of all
aircraft owned or leased by the state. The facilities may be
purchased or leased as determined by the department [board] to be
most economical for the state and as provided by legislative
appropriations. The facilities may include adequate hangar space,
an indoor passenger waiting area, a flight-planning area,
communications facilities, and other related and necessary
facilities.
(b) A state agency that operates an aircraft may not use a
facility in Austin other than a facility operated by the department
[board] for the storage, parking, fueling, or maintenance of the
aircraft, whether or not the aircraft is based in Austin. In a
situation the department [board] determines to be an emergency, the
department [board] may authorize a state agency to use a facility in
Austin other than a department [board] facility for the storage,
parking, fueling, or maintenance of an aircraft.
SECTION __. Section 2205.036, Government Code, is amended
to read as follows:
Sec. 2205.036. PASSENGER TRANSPORTATION. (a) The
department may [board shall] provide aircraft transportation, to
the extent that its aircraft are available, to:
(1) state officers and employees who are traveling on
official business according to the coordinated passenger
scheduling system and the priority scheduling system developed as
part of the aircraft operations manual under Section 2205.038;
(2) persons in the care or custody of state officers or
employees described by Subdivision (1); and
(3) persons whose transportation furthers official
state business.
(b) The department [board] may not provide aircraft
transportation to a passenger if the passenger is to be transported
to or from a place where the passenger:
(1) will make or has made a speech not related to
official state business;
(2) will attend or has attended an event sponsored by a
political party;
(3) will perform a service or has performed a service
for which the passenger is to receive an honorarium, unless the
passenger reimburses the board for the cost of transportation;
(4) will attend or has attended an event at which money
is raised for private or political purposes; or
(5) will attend or has attended an event at which an
audience was charged an admission fee to see or hear the passenger.
(c) The department [board] may not provide aircraft
transportation to a destination unless:
(1) the destination is not served by a commercial
carrier;
(2) the time required to use a commercial carrier
interferes with passenger obligations; or
(3) the number of passengers traveling makes the use
of state aircraft cost-effective.
(d) The department shall monitor and ensure compliance with
the requirements of this section.
SECTION __. Subchapter B, Chapter 2205, Government Code, is
amended by adding Section 2205.0365 to read as follows:
Sec. 2205.0365. CONTRACTS. (a) The department may
negotiate contracts with private charter aircraft providers to
obtain the most cost-effective rates possible for transportation of
state officers and employees traveling on official business.
(b) The department may contract with a flight safety
consultant in developing safety guidelines for charter aircraft
providers.
(c) A contract described by Subsection (a) may provide that:
(1) a state agency using charter services shall pay
the charter aircraft provider directly for charter services; or
(2) the department shall pay the charter aircraft
provider for services and be reimbursed by state agencies using the
charter services.
SECTION __. Section 2205.038, Government Code, is amended
to read as follows:
Sec. 2205.038. AIRCRAFT OPERATIONS MANUAL. (a) The
department [board] shall:
(1) prepare a manual that establishes minimum
standards for the operation of aircraft by state agencies; and
(2) adopt procedures for the distribution of the
manual to state agencies.
(b) The manual must include provisions for:
(1) pilot certification standards, including medical
requirements for pilots;
(2) recurring training programs for pilots;
(3) general operating and flight rules;
(4) coordinated passenger scheduling; and
(5) other issues the department [board] determines are
necessary to ensure the efficient and safe operation of aircraft by
a state agency.
(c) The department [board] shall confer with and solicit the
written advice of state agencies that operate state-owned aircraft
and state agencies the department [board] determines are principal
users of aircraft operated by the department [board] and, to the
extent practicable, incorporate that advice in the development of
the manual and subsequent changes to the manual.
(d) The department [board] shall give an officer normally
elected by statewide election priority in the scheduling of
aircraft. The department [board] by rule may require appropriate
advance [a 12-hour] notice by the officer to obtain the priority in
scheduling.
SECTION __. Section 2205.039, Government Code, is amended
to read as follows:
Sec. 2205.039. TRAVEL LOG. (a) The Legislative Budget
Board, in cooperation with the department [board], shall prescribe:
(1) a travel log form for gathering information about
the use of state-operated aircraft;
(2) procedures to ensure that individuals who travel
as passengers on or operate state-operated aircraft provide in a
legible manner the information requested of them by the form; and
(3) procedures for each state agency that operates an
aircraft for sending the form to the department [board] and the
Legislative Budget Board.
(b) The travel log form must request the following
information about a state-operated aircraft each time the aircraft
is flown:
(1) a mission statement, which may appear as a
selection to be identified from general categories appearing on the
form;
(2) the name, state agency represented, destination,
and signature of each person who is a passenger or crew member of
the aircraft;
(3) the date of each flight;
(4) a detailed and specific description of the
official business purpose of each flight; and
(5) other information determined by the Legislative
Budget Board and the department [board] to be necessary to monitor
the proper use of the aircraft.
(c) A state agency other than the department [board] shall
send travel logs to the department [board] each month in which the
agency operates an aircraft.
(d) The department shall monitor and ensure compliance by
state agencies with the requirements of this section.
(e) The department shall annually report to the Legislative
Budget Board on air travel information received under this section.
SECTION __. Section 2205.040, Government Code, is amended
to read as follows:
Sec. 2205.040. RATES AND BILLING PROCEDURES. (a) The
department [board] shall adopt rates for interagency aircraft
services that are sufficient to recover, in the aggregate and to the
extent possible, all direct and indirect costs for the services
provided, including a state agency's pro rata share of major
maintenance, overhauls of equipment and facilities, and pilots'
salaries.
(b) The Legislative Budget Board, in cooperation with the
department [board] and the state auditor, shall prescribe a billing
procedure for passenger travel on state-operated aircraft.
SECTION __. Section 2205.041(a), Government Code, is
amended to read as follows:
(a) The Legislative Budget Board, in cooperation with the
department [board], shall prescribe:
(1) an annual aircraft use form for gathering
information about the use of state-operated aircraft, including the
extent to which and the methods by which the goal provided by
Section 2205.031(b) is being met; and
(2) procedures for each state agency that operates an
aircraft for sending the form to the department [board] and the
Legislative Budget Board.
SECTION __. Section 2205.043(b), Government Code, is
amended to read as follows:
(b) The department [board] shall adopt rules, consistent
with federal regulations and Subtitle A, Title 11 [Article 6139f,
Revised Statutes], governing the color, size, and location of marks
of identification required by this section.
SECTION __. Section 2205.044, Government Code, is amended
to read as follows:
Sec. 2205.044. FUEL AND MAINTENANCE CONTRACTS. The
department [board] may contract with a state or federal
governmental agency or a political subdivision to provide aircraft
fuel or to provide aircraft maintenance services.
SECTION __. Section 2205.045(a), Government Code, is
amended to read as follows:
(a) The department shall negotiate [board may purchase]
insurance contracts to protect the state [board] from loss caused
by damage, loss, theft, or destruction of aircraft owned or leased
by the state and shall negotiate [purchase] liability insurance
contracts to protect the officers and employees of each state
agency from loss arising from the operation of state-owned
aircraft.
SECTION __. Section 2205.047, Government Code, is amended
to read as follows:
Sec. 2205.047. INFORMATION POSTED ON THE INTERNET. The
department [board] shall post information related to travel and
other services provided by the department under this chapter
[board] on an Internet site maintained by or for the department
[board]. The site must be generally accessible to state agencies,
persons who use the department's [board's] services, and, to the
extent appropriate, the general public.
SECTION __. The following laws are repealed:
(1) Subchapter A, Chapter 2205, Government Code;
(2) Section 2205.035, Government Code;
(3) Section 2205.042, Government Code; and
(4) Section 2205.046, Government Code.
SECTION __. (a) The Department of Public Safety of the State
of Texas, the State Aircraft Pooling Board, and the Texas Public
Finance Authority, in consultation with the Texas Building and
Procurement Commission and the General Land Office, shall establish
a transition team to oversee the orderly transition of property,
services, and certain employees from the State Aircraft Pooling
Board to the Department of Public Safety of the State of Texas. The
team shall:
(1) determine when:
(A) the Department of Public Safety of the State
of Texas will begin to perform a function or activity of the State
Aircraft Pooling Board;
(B) the State Aircraft Pooling Board will cease
to perform a function that is discontinued under Chapter 2205,
Government Code, as amended by this Act;
(C) an employee of the board whose primary duties
involve maintenance of aircraft becomes an employee of the
department; and
(D) a King Air 200 aircraft with an aircraft
identification number of N808WD becomes property of the Department
of Public Safety of the State of Texas;
(2) inventory all equipment and other property
required to be transferred or sold;
(3) determine any continued support and cooperation
the board must provide the department before the board is abolished
to ensure an efficient continuation of service and of planning for
future needs; and
(4) ensure that:
(A) the transition is complete by January 1,
2004; and
(B) all board employee positions, except the
positions of employees serving on the transition team or employees
whose primary duties involve maintenance of aircraft, are
eliminated by September 1, 2003.
(b) The transition team and the State Aircraft Pooling Board
are abolished on January 1, 2004.
SECTION __. (a) By September 1, 2004, the Texas Building and
Procurement Commission, in consultation with the Department of
Public Safety of the State of Texas, shall sell for fair market
value all state aircraft and aircraft-related equipment, other than
equipment used in the maintenance of aircraft formerly under the
custody of the State Aircraft Pooling Board and a King Air 200
aircraft with an aircraft identification number of N808WD. If
bonds were issued in connection with acquiring or maintaining the
aircraft or equipment or in connection with other board purposes,
the proceeds from the sale of the aircraft and equipment shall be
used to pay off the bonds to the extent the proceeds of the bonds
were expended for those purposes.
(b) By September 1, 2005, the General Land Office, in
consultation with the Texas Public Finance Authority, shall sell
all State Aircraft Pooling Board facilities, other than facilities
used for maintenance or housing of aircraft owned or operated by
state agencies other than the board, located at the
Austin-Bergstrom International Airport for not less than the amount
contained in the current market value assessment of the property
that shall be made by the General Land Office. If bonds were issued,
the proceeds of which were expended for the purchase, maintenance,
or construction of the Austin-Bergstrom facilities, the proceeds
from the sale of the facilities shall be used to pay off the state
bond obligations as the Texas Public Finance Authority determines
to be appropriate. The General Land Office, at the discretion of
the commissioner of the General Land Office, may offer the
facilities for sale by competitive bid in accordance with Section
31.158, Natural Resources Code. Alternatively, the General Land
Office may negotiate a direct sale of the facilities to:
(1) a current lessee of the facilities;
(2) a neighboring property owner of the facilities; or
(3) a political subdivision of the state, including
Travis County or the City of Austin.
(c) By September 1, 2005, the General Land Office shall sell
all State Aircraft Pooling Board facilities located at the site of
the former Robert Mueller Municipal Airport for not less than the
amount contained in the current market value assessment of the
property that shall be made by the General Land Office. If bonds
were issued in connection with acquiring or maintaining the
facilities located at the site of the former Robert Mueller
Municipal Airport, the proceeds from the sale of the facilities
shall be used to pay off the bonds to the extent the proceeds of the
bonds were expended for acquiring or maintaining the facilities.
The General Land Office, at the discretion of the commissioner of
the General Land Office, may offer the facilities for sale by
competitive bid in accordance with Section 31.158, Natural
Resources Code. Alternatively, the General Land Office may
negotiate a direct sale of the facilities to:
(1) a current lessee of the facilities;
(2) a neighboring property owner of the facilities; or
(3) a political subdivision of the state, including
Travis County or the City of Austin.