HBA-DMD, TYH H.B. 3125 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3125 By: Chisum State Affairs 10/19/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, state vehicle fleets were operated in a decentralized manner. While the General Service Commission's office of vehicle fleet management (office) was authorized to collect data on agency vehicles, no single entity had oversight responsibilities for the entire state fleet. Instead, each agency managed its own fleet. This could have been inefficient, as evidenced by the fact that Texas spent seven cents more per mile in 1996 to operate its vehicles than the federal government. H.B. 3125 requires the office to develop detailed recommendations for improving the efficiency of the state's vehicle fleet operations, including the out-sourcing of operation and management where appropriate. This bill also requires each state agency to adopt rules relating to the assignment and use of the agency's vehicles. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to all applicable state agencies in SECTION 2 (Section 5171.1045, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2171.101, Government Code, to require the office of vehicle fleet management (office) to file an annual report with the legislature containing vehicle information submitted by state agencies and the names of state agencies that fail to report complete vehicle information. Requires the office to review the operation of each state agency's vehicle fleet and report to the legislature not later than January 1 of each odd-numbered year the status of the agency's vehicle fleet and the office's recommendations to improve operations of the agency's vehicle fleet. SECTION 2. Amends Subchapter C, Chapter 2171, Government Code, by adding Sections 2171.104, 2171.1045, and 2171.105, as follows: Sec. 2171.104. MANAGEMENT PLAN. Requires the office, as directed by the State Council on Competitive Government, to develop a management plan with detailed recommendations for improving the administration and operation of the state's vehicle fleet. Requires the Texas Department of Transportation, Department of Public Safety, Texas Department of Mental Health and Mental Retardation, Parks and Wildlife Department, and Texas Department of Criminal Justice to assist the office in preparing the management plan for the state's vehicle fleet. Provides that the management plan must address: _opportunities for consolidating and privatizing the operation and management of vehicle fleets in areas where there is a concentration of state agencies; _the number and type of vehicles owned by each agency and the purpose each vehicle serves; _procedures to increase vehicle use and improve the efficiency of the state vehicle fleet; _procedures to reduce the cost of maintaining state vehicles; _the sale of excess state vehicles; and _the lower-cost alternatives to using state-owned vehicles. Requires the General Services Commission (commission) to sell the excess vehicles identified by the management plan and deposit the proceeds from the sale into the account that the agency used to purchase the vehicle. Sec. 2171.1045. RESTRICTIONS ON ASSIGNMENT OF VEHICLES. Requires each state agency to adopt rules, consistent with the management plan adopted under Section 2171.104, relating to the assignment and use of the agency's vehicles. Provides that the rules must require that: (1) each agency vehicle, with the exception of a vehicle assigned to a field employee, be assigned to the agency motor pool and be available for checkout; and (2) an agency is authorized to assign a vehicle to an individual administrative or executive employee on a regular or everyday basis only if the agency makes a written documented finding that the assignment is critical to the needs and mission of the agency. Sec. 2171.105. PURCHASE OF VEHICLES PROHIBITED. Prohibits a state agency from purchasing a new vehicle before June 1, 2000, unless the purchase is approved by the commission. Authorizes a state agency, on or after June 1, 2000, to purchase a vehicle as provided by the management plan. Authorizes a state agency to purchase a vehicle for law enforcement, emergency, or safety purposes or for performing crash tests or related research. Authorizes a state agency to purchase heavy equipment, including tractors, bulldozers, and vehicles designed to transport 15 persons or more, if the agency has purchased heavy equipment in previous years. Provides that this section expires September 1, 2001. Makes conforming changes. SECTION 3. (a) Effective date: September 1, 1999. (b) Requires the office of vehicle fleet management to prepare the management plan required by Section 2171.104, Government Code, as added by this Act, and present the plan to the legislature by May 31, 2000. (c) Requires the office of vehicle fleet management to sell the excess vehicles identified by the management plan adopted under Section 2171.104, Government Code, as added by this Act, no later than August 31, 2001. SECTION 4. Emergency clause.