40 TAC §800.7
The Texas Workforce Commission (Commission) adopts new §800.7
relating to Agency Vehicles, without changes to the proposed rules as published
in the December 29, 2000, issue of the
Texas Register
(25 TexReg 12924). The text will not be republished.
Background and Purpose: House Bill 3125, 76th Legislature,1999, (House
Bill 3125), added Texas Government Code Section 2171.1045, which required
the General Services Commission's (GSC) Office of Vehicle Fleet Management
(OVFM) as directed by the Council on Competitive Government (CCG) to adopt
a State Vehicle Fleet Management Plan (Plan). The GSC adopted the Plan on
October 11, 2000.
As set forth in Texas Government Code Chapter 2162.051, the composition
of the Council on Competitive Government includes representation from the
Texas Workforce Commission's Commissioner of Labor. The goals of the CCG include
identifying commercially available services being performed by state agencies
and studying the services to determine if they may be better provided by selecting
the service providers through competition with other state agency providers
of the services or private commercial sources. The Plan sets forth management
provisions regarding:
(1) opportunities for consolidating and privatizing the operation and management
of vehicle fleets in areas where there is a concentration of state agencies,
including the Capitol Complex and the Health and Human Services Complex in
Austin;
(2) the number and type of vehicles owned by each agency and the purpose
each vehicle serves;
(3) procedures to increase vehicle use and improve the efficiency of the
state vehicle fleet;
(4) procedures to reduce the cost of maintaining state vehicles;
(5) the sale of excess state vehicles; and
(6) lower-cost alternatives to using state-owned vehicles, including using
rental cars and reimbursing employees for using personal vehicles.
The Plan may be viewed on the internet at: http://www.gsc.state.tx.us/fleet.
House Bill 3125 and the Plan also require that state agencies adopt rules
that address the management provisions contained in the Plan and also make
clear that: (1) vehicles are assigned to the agency's motor pool and may be
available for checkout; and (2) the agency may assign a vehicle to an individual
administrative or executive employee on a regular or everyday basis only if
there is a documented finding that the assignment is critical to the needs
and mission of the agency.
The purpose of the proposed rule is to describe an approach that builds
upon existing and recommended practices for cost-efficient and effective utilization
of agency vehicles.
The rule also directs the agency's administrators to work with GSC to leverage
any waiver or exemption provisions provided for in the Plan or by GSC, where
such efforts may result in fiscal efficiencies due the unique characteristics
of the TWC's vehicle fleet. Several foreseeable examples include the presence
of varying percentages of federal funding associated with vehicle purchases;
specially modified vehicles; the campus-like nature of TWC's physical plant
in the Capitol area; and high-capacity, frequent-trip, under 7,000 mile-per-year
vehicles. The Commission is encouraged by the Plan recognition of such unique
circumstances and looks forward to close communication between the agency's
administration and GSC during Plan implementation.
No comments were received on the proposed new rules.
For information regarding the Texas Workforce Commission please visit our
web page at www.texasworkforce.org.
The new section is adopted under Texas Labor Code §§301.061
and 302.002, which provides the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Commission services and activities, as well as Texas Government
Code §2171.1045, which requires the adoption of rules, consistent with
the management plan adopted under Texas Government Code §2171.104, 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 February 6, 2001.
TRD-200100764
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: February 26, 2001
Proposal publication date: December 29, 2000
For further information, please call: (512) 463-2573