HBA-TYH C.S.H.B. 3125 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3125
By: Chisum
State Affairs
4/15/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, state vehicle fleets are operated in a decentralized manner.
While the General Service Commission's office of vehicle fleet management
(office) is authorized to collect data on agency vehicles, no single entity
has oversight responsibilities for the entire state fleet.  Instead, each
agency manages its own fleet. This can be inefficient, as evidenced by the
fact that Texas spent seven cents more per mile in 1996 to operate its
vehicles than the federal government.  C.S.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. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

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 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. 2171.105.  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.  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 January 31, 2001.  

(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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original bill in SECTION 1 by withdrawing the
proposed amendment of Section 2171.01(a), Government Code, requiring the
office to review the accuracy of the vehicle information data submitted by
a state agency.  The substitute modifies the original bill in SECTION 1
(proposed Section 2171.101(d)) by requiring the office to file an annual
report with the legislature containing the names of the state agencies that
fail to report complete vehicle information, rather than vehicle
information. 

The substitute modifies the original bill in SECTION 2 (proposed Section
2171.104) by placing the office under the direction of the State Council on
Competitive Government, with respect to the development of a management
plan.  The substitute modifies the original bill in proposed Subsection (c)
by providing that the management plan must address opportunities for
privatizing the operation and management of the state's vehicle fleets, the
number and type of vehicles owned by each agency, the purpose of each
vehicle, and procedures to increase vehicle use and improve the efficiency
of the state vehicle fleet.  The substitute modifies the original bill in
proposed Subsection (d) by  requiring the commission, rather than the
office, to sell the excess vehicles identified by the management plan. 

The substitute modifies the original bill in SECTION 2 (proposed Section
2171.105) by prohibiting a state agency from purchasing a new vehicle
before June 1, 2000, unless the purchase is approved by the commission;
authorizing a state agency, on or after June 1, 2000, to purchase a vehicle
as provided by the management plan; authorizing a state agency to purchase
a vehicle, rather than a new vehicle, for safety purposes; and  authorizing
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.  The original bill prohibited
the purchase of a new vehicle before September 1, 2001, except for law
enforcement and emergency purposes.  Proposed Subsection (c) is
redesignated to Subsection (d) of the original. 

The substitute modifies the original bill in SECTION 2 by withdrawing
proposed addition of Section 2171.1015, Government Code, requiring the
office to oversee the operation, coordination, consolidation, and
management of the state's vehicle fleet.