Part IV.
Office of the Secretary of State
Chapter 99.
Standards of Conduct of State Officers and Employees
1 TAC §99.1, §99.2
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the Office of
the Secretary of State, Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The Office of the Secretary of State proposes the
repeal of §99.1 and §99.2, concerning Financial Statement Filings
by State Officers and Employees. The rules are being repealed because the
Legislature transferred responsibility for the financial statement filings
to the Texas Ethics Commission.
The legislative authority, Texas Civil Statutes, Article 6252-9b, was repealed
by an act of the 73rd Legislature, Chapter 268§46(1), effective September
1, 1993.
Ann McGeehan, Deputy Assistant Secretary of State for the Elections Division,
has determined that there are no fiscal implications for state or local government
as a result of repealing these rules.
Ms. McGeehan has also determined that the public benefit anticipated as
a result of the repeals will be the removal of obsolete and unenforceable
rules from the Texas Administrative Code. The repeals will have no fiscal
implications for small businesses or cost to persons, because the rules are
obsolete and unenforceable.
Comments on the proposed repeals must be submitted in writing within 30
days after publication in the
Texas Register
.
Send comments to Dan Procter, Texas Register, P.O. Box 13824, Austin, Texas,
78711-13824.
The repeals are proposed because the authority for adoption of
these rules was repealed. No other statutes, articles or codes are affected
by the proposed repeals.
§99.1.Notice of Late Filing.
§99.2.Financial Statement Form.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 12, 1999.
TRD-9901525
Jeff Eubank
Assistant Secretary of State
Office of The Secretary of State
Earliest possible date of adoption: April 18, 1999
For further information, please call: (512) 463-5562
The Office of the Secretary of State proposes to repeal §§101.4,
101.8-101.10, 101.20, 101.21, 101.31-101.34, 101.40, 101.42-101.44, 101.50,
and 101.53, concerning Practice and Procedure Before the Office of the Secretary
of State.
These rules are being repealed because they duplicate procedures contained
under Chapter 155 of this title (relating to Rules of Procedure) adopted in
1998 by the State Office of Administrative Hearings.
Guy Joyner, Chief of the Legal Support Unit for the Statutory Documents
Section, has determined that there are no fiscal implications for state or
local government as a result of repealing these rules.
Mr. Joyner has also determined that the public benefit anticipated as a
result of the repeals will be the removal of duplicative rules from the Texas
Administrative Code. The repeals will have no fiscal implications for small
businesses or cost to persons as a result of enforcement because the same
requirements continue to exist under the rule of the State Office of Administrative
Hearings.
Comments on the proposed repeals must be submitted in writing within 30
days after publication in the
Texas Register
.
Send comments to Dan Procter, Texas Register, P.O. Box 13824, Austin, Texas,
78711-13824.
Subchapter A. General Rules
1 TAC §§101.4, 101.8-101.10
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the Office of
the Secretary of State, Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The repeals are proposed under authority of Texas
Government Code, Chapter 2001, Subchapter A, §2001.004; Texas Civil Statutes,
Article 1396-9.03; Texas Transportation Code, Chapter 722, §722.003;
Texas Government Code, Chapter 406, Subchapter A, §406.023; Texas Election
Code, §31.003; and Texas Business and Commerce Code, §17.08.
The repeals are cross-referenced to the authority statutes and to 1 TAC
Chapter 155.
§101.4.Computation of Time.
§101.8.Personal Service by Parties.
§101.9.Parties.
§101.10.Conduct and Decorum.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901553
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: April 18, 1999
For further information, please call: (512) 463-5562
1 TAC §101.20, §101.21
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the Office of
the Secretary of State, Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The repeals are proposed under authority of Texas
Government Code, Chapter 2001, Subchapter A, §2001.004; Texas Civil Statutes,
Article 1396-9.03; Texas Transportation Code, Chapter 722, §722.003;
Texas Government Code, Chapter 406, Subchapter A, §406.023; Texas Election
Code, §31.003; and Texas Business and Commerce Code, §17.08.
The repeals are cross-referenced to the authority statutes and to 1 TAC
Chapter 155.
§101.20.Filing, Form, and Content of Complaints, Pleadings, and Other Documents.
§101.21.Time for Filing.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901554
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: April 18, 1999
For further information, please call: (512) 463-5562
1 TAC §§101.31-101.34
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the Office of
the Secretary of State Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The repeals are proposed under authority of Texas
Government Code, Chapter 2001, Subchapter A, §2001.004; Texas Civil Statutes,
Article 1396-9.03; Texas Transportation Code, Chapter 722, §722.003;
Texas Government Code, Chapter 406, Subchapter A, §406.023; Texas Election
Code, §31.003; and Texas Business and Commerce Code, §17.08.
The repeals are cross-referenced to the authority statutes and to 1 TAC
Chapter 155.
§101.31.Postponement, Continuance, or Withdrawal.
§101.32.Prehearing Conference.
§101.33.Discovery.
§101.34.Witness Fees.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901555
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: March 15, 1999
For further information, please call: (512) 463-5562
1 TAC §§101.40, 101.42-101.44
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the Office of
the Secretary of State, Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The repeals are proposed under authority of Texas
Government Code, Chapter 2001, Subchapter A, §2001.004; Texas Civil Statutes,
Article 1396-9.03; Texas Transportation Code, Chapter 722, §722.003;
Texas Government Code, Chapter 406, Subchapter A, §406.023; Texas Election
Code, §31.003; and Texas Business and Commerce Code, §17.08.
The repeals are cross-referenced to the authority statutes and to 1 TAC
Chapter 155.
§101.40.The Hearings Examiner.
§101.42.Order of Procedure.
§101.43.Evidence.
§101.44.Transcripts.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901556
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: April 18, 1999
For further information, please call: (512) 463-5562
1 TAC §101.50, §101.53
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the Office of
the Secretary of State, Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The repeals are proposed under authority of Texas
Government Code, Chapter 2001, Subchapter A, §2001.004; Texas Civil Statutes,
Article 1396-9.03; Texas Transportation Code, Chapter 722, §722.003;
Texas Government Code, Chapter 406, Subchapter A, §406.023; Texas Election
Code, §31.003; and Texas Business and Commerce Code, §17.08.
The repeals are cross-referenced to the authority statutes and to 1 TAC
Chapter 155.
§101.50.Proposal for Decision.
§101.53.Remand to the Hearings Examiner.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901557
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: April 18, 1999
For further information, please call: (512) 463-5562
Chapter 125.
Support Services Division-Travel and Vehicle [Travel and Transportation Division]
The General Services Commission proposes amendments to Title 1, Texas
Administrative Code, Chapter 125, Subchapter B, Sections 125.41, 125.45, 125.47
and 125.49 concerning State Vehicle Fleet Management, and Subchapter C, Sections
125.63, 125.65, 125.67 and 125.69 concerning the Texas Alternative Fuels Program.
The proposed amendments will also change the heading of Chapter 125 from "Travel
and Transportation Division" to "Support Services Division - Travel and Vehicle".
In addition, the proposed amendments will allow for the deletion of obsolete
language, update definitions, and delineate certain additional information
to be reported by state agencies in support of the Vehicle Fleet Management
System, should such information be available.
Frank Mays, Director of Support Services Division, has determined that
for the first five year period these rules are in effect there will be no
fiscal implications for state or local government as a result of implementing
these amendments.
Frank Mays, Director of Support Services Division, further determines that
for each year of the first five-year period the amendments are in effect,
the public benefit anticipated as a result of enforcing these rules will be
a clearer understanding of the services provided by the Vehicle Fleet Management
and Alternative Fuels Program. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the rule as proposed.
Comments on the proposals may be submitted to Judy Ponder, General Counsel,
General Services Commission, P.O. Box 13047, Austin, TX 78711-3047. Comments
must be received no later than 30 days from the date of publication of the
proposal to the
Texas Register
.
Subchapter B. State Vehicle Fleet Management
1 TAC §§125.41, 125.45, 125.47 125.49
The amendments to Title 1, Texas Administrative Code, Part
V, Chapter 125 under Subchapter B - Sections 125.41, 125.45, 125.47 and 125.49,
are proposed under the authority of the Texas Government Code, Title 10, Subtitle
D, Chapter 2171, Section 2171.002. which provide the General Services Commission
with the authority to promulgate rules consistent with the code.
The following statute is affected by these rules: Texas Government Code,
Title 10, Subtitle D, Chapter 2171, and Texas Government Code, Section 2203.001.
§125.41.Vehicle Fleet Management.
(a)
The commission administers the state vehicle fleet management
program which consists of vehicle fleet maintenance services and a computerized
Vehicle Fleet Management System
[
(b)
The commission offers vehicle
[
(c)
The computerized
Vehicle Fleet Management System is
a database that contains
[
[
(d)
[
(1)
adjustments to the Vehicle Fleet Management System;
(2)
current fleet management issues; and
(3)
the
improvement
[
[
[
§125.45.Vehicle Fleet Management System.
(a)
The
Vehicle Fleet Management System
[
(b)
[
(1)
[
(A)
acquisition date, vehicle make, model, type, class, year,
gross vehicle weight rating, exempt license plate number, manufacturer, vehicle
identification number, whether a special purpose vehicle, and whether a pool
or assigned vehicle;
(B)
acquisition cost, capitalized value, current book value,
repair and maintenance expenses, direct and indirect labor expense, accumulated
depreciation and its present rate, replacement policy, current mileage, vehicle
disposal date, and disposal price or salvage value;
(C)
type, and quantity of all fuels and lubricants used, including
their cost, type, size of vehicle engine, vehicle lifetime odometer reading,
and miles traveled per month;
(D)
insurance and accident related expense;
(E)
standard labor rate for any state agency operated repair
facility;
(F)
downtime, transfer date, disposal date and any other information
necessary to compute the average cost of operation, per month, of the various
classes and types of vehicles; and
(G)
vehicle location by city and county[
(2)
Information for the reporting
period from September 1 to February 28 must be submitted on or before March
30 each year. Information covering the reporting period from March 1 to August
31 must be submitted on or before September 30 each year.
[
[
Agencies operating a fleet
management system other than the vehicle fleet management system used by the
commission shall provide the following additional information.}]
[
The name and version of automation software
utilized;]
[
Name of the company or programmer supporting
the software;]
[
System database structure; and]
[
Other available information regarding
the software if requested by the commission.]
[
(c)
[
[
§125.47.Vehicle Fleet Maintenance Services.
(a)
Vehicle fleet maintenance services, offered by the commission
at its facility located at 6506 Bolm Road, Austin, Texas,
are optional
for state agencies and include, but are not limited to:
(1)
required annual
[
[
(2)
[
(3)
[
(4)
[
(5)
[
(b)
The services
specified in subsection (a) of this section
may be used
by any
[
[
[
§125.49.Vehicle Use Report.
(a)
(No change.)
(b)
The Vehicle Use Report is the official record of the state
and no other form or report may be used by a state agency without prior written
approval by the commission
.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 3, 1999.
TRD-9901315
Judy Ponder
General Counsel
General Services Commission
Earliest possible date of adoption: April 18, 1999
For further information, please call: (512) 463-3960
1 TAC §§125.63, 125.65, 125.67 125.69
The amendments to Title 1, Texas Administrative Code, Part
V, Chapter 125 under Subchapter C - Sections 125.63, 125.65, 125.67 and 125.69
are proposed under the authority of the Texas Government Code, Title 10, Subtitle
D, Chapter 2171, Section 2171.002. which provide the General Services Commission
with the authority to promulgate rules consistent with the code.
The following statute is affected by these rules: Texas Government Code,
Title 10, Subtitle D, Chapter 2171, and Texas Government Code, Section 2203.001.
§125.63. Assistance to State Agencies and School Districts.
(a)
The Vehicle Fleet
Management office of the commission
[
(b)
The Vehicle Fleet
Management office of the commission
[
(c)
To assist with vehicle conversion, the Vehicle Fleet
Management office of the commission
[
(d)
The Vehicle Fleet
Management office of the commission
[
§125.65.[
(a)
Any state agency operating a fleet of more than 15 motor
vehicles, excluding law enforcement and emergency vehicles, shall have a fleet
percentage of alternative fuel vehicles equal to or greater than 30% of the
total number of such vehicles operated by September 1, 1994, and a percent
equal to or greater than 50% by September 1, 1996. [
(b)
An agency desiring a waiver [
(1) - (3)
(No change.)
(c)
The subsection (b) of this section certification must be
sent to the Vehicle Fleet
Management office
[
(d)- (f)
(No change.)
(g)
The
commission
[
§125.67.Effect of Waiver.
A waiver issued under section §125.65 of this title (relating
to [
§125.69.Alternative Fuel Usage.
Pursuant to Government Code §2171.103, the commission shall take
all steps necessary to encourage the use of alternative fuels.
(1)
(No change.)
(2)
Each state agency will be required to provide fuel
usage data semi-annually
in accordance with §125.45 (b)(2) of Subchapter
B of this chapter
on every vehicle capable of using alternative fuels
through the Vehicle
Fleet Management
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 3, 1999.
TRD-9901314
Judy Ponder
General Counsel
General Services Commission
Earliest possible date of adoption: April 18, 1999
For further information, please call: (512) 463-3960
Chapter 231.
Advisory Opinions
Chapter 101.
Practice and Procedure Before the Office of the Secretary of State
Subchapter B. Initiation of Proceedings, Complaints, and Pleadings
Subchapter C. Prehearing Procedures
Subchapter D. Hearing Procedures
Subchapter E. Post-Hearing Procedures
Part V.
General Services Commission
vehicle fleet management system
].
Vehicle
] fleet maintenance services
to all state agencies
[
are available to any state vehicle
] in Travis County
on a full
cost recovery basis. The services include
[
,including
] preventative
maintenance and
routine
[
extensive
] mechanical
repair
work [
, via
]
. The commission shall negotiate
contracts or service arrangement
for extensive mechanical work
such as major engine overhauls, transmission repair, and similar requirements
[
established by the commission
].
vehicle fleet management system maintains
] information on vehicle inventories, maintenance and repair history,
mileage, fuel usage, and expenses incurred
for all state agencies
.
(d)
Each agency will be able to access the
fleet management system.
]
(e)
] The commission will
sponsor an
annual
[
host a
] fleet management conference [
annually
] to consider:
promotion
]
of fleet management expertise among state agencies.
(f)
The commission's goal is to timely and
efficiently provide all vehicle services economically to save money for the
State.
]
(g)
These rules are not intended to conflict
with existing statutes concerning the operation of state-owned motor vehicles.
]
vehicle
fleet management system
] is the responsibility of the commission's fleet
manager. The commission maintains the main repository and database for all
vehicle information submitted by each agency in accordance with this subsection.
The commission is responsible for developing the form, format, and composition
of all data submitted electronically or otherwise to the vehicle fleet management
system to assure system continuity.
(1)
] Each agency fleet officer
is responsible for establishing, maintaining, and submitting to the commission
twice each fiscal year
accurate vehicle information
in the form
and format established by the commission
[
using either the fleet
management system software supplied at no cost by the commission, or an alternate
system
].
(2)
] Information to be recorded
in
each
[
an
] agency's fleet management system
for submission to the commission's repository and database
includes,
but is not limited to:
, if available
].
(b)
To facilitate data collection, each state
agency shall provide the commission with a copy of their agency vehicle operational
handbook, within 100 days of the effective date of this subsection. Any changes
or additions to an agency handbook shall be submitted to the fleet manager
within 30 days of their effective date.
]
(c)
(1)
(2)
(3)
(4)
(d)
Information required by this subsection
shall be submitted to the commission by March 30th and September 30th each
year following the six month period in which the data was compiled.
]
(e)
]The
Vehicle Fleet Management
System
[
vehicle fleet management system
] maintained by the
commission constitutes the primary instrument used to provide fleet management
assistance
. Following the March 30 and September 30 fiscal year detailed
submissions
, [
as follows. Twice each fiscal year,
] information
submitted from
each agency's
[
agency
] files will be
compiled into the main repository and database. Fleet management reports detailing
operating trends, cost analysis, and special exception reports listing agencies
with unusually high operating expenses will be generated
and made available
to agency fleet officers
.
(f)
The commission reserves the right to develop
and approve the form, format, and composition of all data submitted to the
vehicle fleet management system to assure system continuity.
]
state-approved
]
vehicle safety inspections;
(2)
bulk fuel system credit card purchases;
]
(3)
] lubrication
, oil
changes, and filter
services;
(4)
] maintenance services,
including preventative maintenance
, brake services, and routine mechanical
repair work
;
(5)
] contract negotiation
services necessary to secure extensive mechanical work
such as major
engine and transmission overhauls, body repair work and similar requirements
; and
(6)
] services authorized
by statute
[
in Senate Bill 740, Acts, 71st Legislature
] and
provided at [
any of
] the centralized
alternative
refueling
station
[
stations and/or the regional conversion
] and repair
facilities [
if
] established by the commission.
at the convenience of the requesting
] state agency
. The cost to a state agency for any vehicle fleet
maintenance service provided by the commission shall be equal to the cost
incurred by the commission to perform the service.
[
except that
bulk fuel system credit cards will only be issued by the fleet manager upon
written request.
]
(c)
An agency may only terminate its use of
bulk fuel system credit card services in writing. On termination it must return
any vehicle fleet management property in its possession.
]
(d)
A state agency which enters into a written
contract or agreement for extensive mechanical work without utilizing the
commission's contract negotiation service shall provide a copy of such contract
or agreement to the commission.
]
Subchapter C. Texas Alternative Fuels Program
Section
] facilitates, encourages, and expedites alternative
fuels use by state agencies and school districts.
Section
] provides informational materials regarding alternative
fuels, presents state of the art data at fleet management conferences, provides
state vehicle operational data, locates facilities to convert state vehicles
to alternative fuels, helps identify vehicles that are appropriate for conversion,
and provides technical assistance.
Section
] works with
state agency fleet operators, vehicle manufacturers and converters, fuel distributors,
and any other necessary entities.
Section
] provides information to the Texas Natural Resource
Conservation Commission for its determination of air quality benefits associated
with the use of alternative fuels.
Reduction and/or ] Waiver of Vehicles to Meet Required Fleet Percentages.
Contingent upon a
determination by the Texas Natural Resource Conservation Commission by December
31, 1996, that the alternative fuel program reduced total annual emissions
from vehicles, state agencies shall have a fleet percentage equal to or greater
than 90% of alternative fuel vehicles by September 1, 1998, and thereafter.
]
or reduction
] from
subsection (a) of this section shall submit a certification
to the Vehicle
Fleet Management office of the commission
that
meets one or more
of the following conditions
:
Section, Travel
and Transportation Division
] of the commission and must be accompanied
by the information described in either subsection (d) or (e) of this section.
Travel and Transportation
Division
] keeps these waivers for up to two years for use in waiving
the purchasing restrictions for state agencies in §113.25 [
§113.21
] of this title (relating to
Purchase
[
Purchases
]
of Motor Vehicles).
Reduction and/or
] Waiver of
Vehicles to Meet
Required
Fleet Percentages) shall be kept on file by the commission for two years from
date of issuance. A valid, current waiver on file for a state agency shall
be deemed sufficient basis for a waiver of the purchasing restrictions for
state agencies which are set forth in §113.25 of this title (relating
to Purchase of
Motor
[
Passenger
] Vehicles).
Reporting
] System.
Part XI.
State Ethics Advisory Commission