Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 51.
EXECUTIVE
Subchapter F. VEHICLES
31 TAC §51.152
The Texas Parks and Wildlife Department adopts new §51.152,
concerning Assignment and Use of Agency Vehicles, without changes to the proposed
text as published in the April 27, 2001, issue of the
Texas Register
(26 TexReg 3135).
The new section is necessary to comply with the provisions of Government
Code, §2171.1045, which requires each state agency to adopt rules relating
to the assignment and use of the agency's vehicles.
The new rule will function by requiring state vehicles not assigned to
field personnel to be available to all headquarters personnel except in cases
where the department's assignment of a vehicle to a particular individual
has been documented as necessary.
The department received one comment opposed to adoption of the proposed
rule. The commenter stated that subsection (b), which allows the department
to assign a vehicle to an administrative or executive employee upon written
finding that the assignment is critical to the needs and mission of the agency,
is a loophole effectively negating subsection (a), which requires agency vehicles
to be assigned to a motor pool available for any employee. The commenter also
stated that the rule should define 'regular basis' to mean 'full time,' prohibit
vehicle use during non-duty hours and weekends, eliminate government gasoline
credit cards, and require all vehicles to be painted white with a green stripe
and be marked. The department disagrees with the comment. The department responds
that the exception in subsection (b) is consistent with the Fleet Vehicle
Management Policy established by the General Services Commission. The department
also responds that the term 'regular basis' is unnecessary, since the law
requires the agency to make a finding that the assignment of a vehicle is
critical to the agency's mission. The department further responds that state
law and department policy concerning use of state vehicles and credit cards
for private purposes is sufficient to address abuse, and that all department
vehicles except certain executive and law enforcement vehicles are required
to be marked. No changes were made as a result of the comments.
The rule is adopted under Government Code, §2171.1045, which
requires the department to adopt rules relating to the assignment and use
of the agency's vehicles.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 13, 2001.
TRD-200104668
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: September 2, 2001
Proposal publication date: April 27, 2001
For further information, please call: (512) 389-4775
Subchapter J. EXEMPTIONS FOR DISABLED VETERANS
Chapter 53.
FINANCE