81(R) HB 2097 - Senate Committee Report version

The bill would amend the Government Code to require an employee of a state agency using a state-owned vehicle for personal use to reimburse the state at the state mileage reimbursement rate established by Section 660.042, Government Code, including mileage resulting from commuting to and from the officer's or employee's residence. The employee must reimburse the state no later than 60 days after the last day of the month that personal mileage was accumulated.

The bill would require the Comptroller of Public Accounts (CPA) to establish guidelines for the employee to reimburse the state, including standards and procedures for submission. Agencies would be required to adopt these guidelines. No later than December 31st of each year, the Comptroller would be required to submit a report to the presiding officers of both houses that would include the total personal miles accumulated, and subsequent reimbursement, by each state agency.

The bill would allow the CPA to require the installation and use of Global Positioning System (GPS) tracking devices in all state vehicles.

The bill would require that mileage reports include detailed point-by-point accounting of the mileage between stops and the purpose for each stop, and would allow vehicles used for undercover or security purposes to use a code based accounting system. Certain peace or other law enforcement officers whose primary duty is to patrol an established area would not be required to log personal use mileage.

The bill exempts an individual who has been commissioned as a peace officer by the Public Safety Commission, the director of the Department of Public Safety, the executive director of the Parks and Wildlife Department, an inspector or representative by the Texas Alcoholic Beverage Commission (TABC) or the administrator of the TABC, and an employee of the Office of the Attorney General who is assigned to a division which involves law enforcement.

The bill would take effect immediately upon enactment, assuming that it received the requisite two-thirds majority votes in both houses of the Legislature. Otherwise, it would take effect September 1, 2009.

CPA reported there would be no significant administrative costs to the agency.

The Department of Public Safety reported there are approximately 130 non-commissioned personnel authorized to take home a state-owned vehicle, who have a duty to respond after normal duty hours. This analysis assumes the anticipated administrative workload increase to process monthly reimbursements could be absorbed within current appropriations.

The Texas Department of Transportation (TxDOT) reported that a vehicle may only be authorized to be taken home to ensure that vital agency and emergency response functions are performed. This is not a perk to the employee, but is an operational or fiscal benefit to TxDOT. The vehicle is for commuting only, not for personal use. TxDOT also reported an initial fiscal year 2010 cost to Highway Fund 6 of approximately $650,000 to install and monitor GPS units for their 692 effected vehicles. Maintenance and monitoring costs would be approximately $300,000 in each subsequent fiscal year.

The Texas Parks and Wildlife Department (TPWD) reported that approximately 25 employees who commute with a state-owned vehicle would not be exempted by the law enforcement patrol provision of the bill. TPWD used recent vehicle log data, and cost per mile and miles driven information to estimate that the provisions of the bill would result in a $44,000 gain to the Game, Fish, and Water Safety Account 9 and a $19,000 gain to the State Parks Account 64 each fiscal year.

The remaining assigned agencies anticipate no significant fiscal impact.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION


May 22, 2009

TO:	Honorable Rodney Ellis, Chair, Senate Committee on Government Organization

FROM:	John S. O'Brien, Director, Legislative Budget Board

IN RE:	HB2097 by Hodge (relating to the personal and official use of state vehicles.), Committee Report 2nd House, Substituted