28 TAC §§1.1901 - 1.1904
The Commissioner of Insurance adopts new §§1.1901
- 1.1904 concerning department vehicles. Sections 1.1901 - 1.1904 are adopted
without changes to the proposed text published in the May 4, 2001, issue of
the
Texas Register
(26 TexReg 3350) and will
not be republished.
The new sections are necessary to establish the procedures relating to
the assignment and use of department vehicles in accordance with House Bill
3125, 76th Legislature, which added §2171.1045 to the Texas Government
Code. The statute requires state agencies to adopt rules consistent with the
State Vehicle Fleet Management Plan (Plan). The General Services Commission's
Office of Vehicle Fleet Management, with direction from the State Council
on Competitive Government, developed the Plan and made recommendations for
improving the administration and operation of the state's vehicle fleet. The
General Services Commission adopted the Plan on October 11, 2000.
Section 2171.1045 of the Government Code requires that each state agency
adopt rules regarding the assignment and use of the agency's vehicles. The
rules must be consistent with the Plan adopted under §2171.1045. The
statute provides that the rules must require that (1) vehicles be assigned
to the department's motor pool and be available for checkout and (2) the department
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 department.
The new sections set forth the procedures relating to the assignment and
use of department vehicles. Section 1.1901 states that the purpose of the
subchapter is to implement the provisions of §2171.1045 of the Government
Code. Section 1.1902 provides that department vehicles are assigned to the
department motor pool and may be available for checkout. Section 1.1903 states
that the department may assign a vehicle to an individual administrative or
executive employee on a regular basis if there is a written finding by the
department that the assignment is critical to the needs and mission of the
department. Section 1.1904 provides that the department may identify and request
a waiver or exemption from provisions of the State Vehicle Management Plan
based on conditions specific to the department to promote fiscal efficiency
and good business practices.
No comments were received regarding adoption of the new sections.
The new sections are adopted under the Government Code §2171.1045
and the Insurance Code §36.001. Section 2171.1045 provides that each
state agency shall adopt rules, consistent with the management plan, relating
to the assignment and use of the agency's vehicles. Section 36.001 provides
that the Commissioner of Insurance may adopt rules to execute the duties and
functions of the Texas Department of Insurance.
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 June 18, 2001.
TRD-200103431
Lynda Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: July 8, 2001
Proposal publication date: May 4, 2001
For further information, please call: (512) 463-6327