37 TAC §99.90
The Texas Youth Commission (TYC) proposes new policy §,
99.90, concerning Vehicle Fleet Management. The new section establishes authority
and responsibility for management and operation of TYC's vehicle fleet. This
rule was implemented to comply with section 2171.104 of the Government Code
which was mandated by the State of Texas General Services Commission (GSC).
Don McCullough, Acting Assistant Deputy Executive Director for Financial
Support, has determined that for the first five-year period the section is
in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be in compliance the legal requirement. There
will be no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the section as proposed. No private
real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Sherma Cragg, Policy and Manuals
Administrator, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The new section is proposed under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the broad rulemaking authority;
and Texas Government Code, §2171.104, which requires state agencies to
adopt rules or procedures consistent with the State Vehicle Fleet Management
Plan.
The proposed rule implements the Texas Government Code, §61.034.
§99.90.Vehicle Fleet Management.
(a)
Purpose. The purpose of this policy is to establish the
authority and responsibility for management and operation of the Texas Youth
Commission (TYC) vehicle fleet and to adopt the rules and procedures mandated
in the State of Texas General Services Commission (GSC) Office of Vehicle
Fleet Management's (OVFM)
State Vehicle Fleet Management
Plan
in accordance with Section 2171.104, Government Code.
(b)
Explanation of Terms Used.
(1)
Fleet Manager - a TYC employee in the central office business
services department who is responsible for day-to-day agency-wide fleet management.
Responsibilities include guidance to central office and field fleet motor
pool operations and maintenance, data collection and reporting, and acting
as the central point of contact with the GSC OVFM.
(2)
Office of Vehicle Fleet Management (OVFM) - the primary
office at the GSC that developed, under direction of the Council on Competitive
Government, the
State Vehicle Fleet Management Plan
and is responsible for the development and implementation of actions
for improving administration and operation on the state's vehicle fleet. The
OVFM has the authority to review agencies' vehicle utilization and receive
data relative to agencies' fleet operations and maintenance. It has ultimate
authority to establish and also to reduce an agency's vehicle authorization
levels based on defined utilization criteria.
(3)
Vehicle Control Officer (VCO) - a TYC employee responsible
to manage the assigned vehicle fleet at each agency location and act as liaison
and point of contact with the agency fleet manager.
(4)
Vehicle Utilization Board (VUB) - a special TYC board appointed
by the deputy executive director and chaired by the director of business services
with members from the TYC finance and juvenile corrections departments that
oversee development and implementation of TYC fleet management policy. Make
recommendations to the executive committee relative to agency vehicle fleet
matters such as vehicle authorization levels, purchasing and replacement.
(5)
Mission Critical Vehicles - the vehicles assigned to individuals
identified in key mission critical positions required by the executive director
to commute in designated vehicles.
(6)
Administrative Support Vehicles - the vehicles assigned
to agency locations, including sedans and van, that are used to transport
staff to training, meetings and other specific staff responsibilities off-site.
(7)
Maintenance and Supply Vehicles - the assigned trucks and
cargo vans used for the conduct of the basic logistics support (maintenance,
supply, purchasing, delivery, etc.) function.
(8)
Student Security and Client Support Vehicles - the vans
used in conjunction with the campus security or youth transport functions.
(9)
Special Requirements Vehicles - the heavy equipment or
special purpose vehicles, such as dump trucks, fire trucks, and staked flatbed
trucks, specifically authorized at some TYC locations because of unique circumstances
or need.
(c)
Applicability. This rule applies to all TYC staff, state-employed
contract nurses, and volunteers under certain circumstances.
(d)
Fleet Management Structure.
(1)
The TYC executive committee will provide executive level
oversight and support and be the final approval authority for major vehicle
fleet decisions relative to policy, authorization levels, and appropriations
requests based on the recommendations of the TYC VUB and agency fleet manager.
(2)
The deputy executive director will appoint members to a
cross-functional agency VUB.
(3)
The fleet manager will make purchasing, replacement, repair,
assignment and use, disposal decisions and recommendations to the VUB and
executive committee as appropriate. Coordinates the rotation of authorized
vehicles between agency locations based on mission and utilization requirements.
(4)
The VCO will be the fleet manager in central office, business
manager at the institutions, superintendent at the halfway houses, and quality
assurance administrator/parole supervisor at the service areas. VCO's are
responsible for maintenance and repair of vehicles, scheduling use of motor
pool vehicles, collecting and reporting fleet data, securing and issuing keys
and fuel cards and documenting return of same. The VCO is required to sign
the Agreement for Vehicle Control Officer form, BSD-807 and submit the form
to the fleet manager in central office.
(e)
Vehicle Fleet Size. TYC will comply with all purchasing
restriction as outlined in the
State Vehicle Management
Plan
. TYC will not exceed the current vehicle fleet size that is mandated
by OVFM, except in cases of legislatively mandated program changes, federal
program initiatives, or documented need resulting from program growth or changes
that would increase the authorized fleet size. The Fleet Manager must certify
in writing to OVFM any vehicles purchased due to legislatively mandated program
changes, federal program initiatives, or need resulting from program growth
or changes. All such waiver requests must be received in writing from the
executive director and documentation must fully specify the mandate or need
to exceed the vehicle cap.
(f)
Explanation of Motor Pool.
(1)
TYC will form statewide motor pools based on the primary
function or utilization of each vehicle. Each agency vehicle will be assigned
within an agency motor pool at a specific location and made available for
checkout for official duty purposes where applicable. Each agency location
will be authorized a specific number of vehicles within each designated utilization
pool based on relative size or unique mission requirements. Vehicles will
be rotated among locations and pools as necessary to meet utilization and
efficiency criteria. Sub-pools may be formed at a location for more efficient
management or utilization purposes. The following statewide pools will be
formed.
(A)
Mission Critical Vehicles. The executive director will
assign vehicles to individual agency staff only after a written determination
is made that it is critical to mission requirements. No personal use of these
vehicles is authorized other than commuting or de minims use (such as a stop
for personal errand on the way between a business delivery and the employee's
home) while commuting. TYC will report to the OVFM the information required
by the
State Vehicle Fleet Management Plan
on each vehicle by February 28, 2001 and thereafter as individual assignments
occur.
(B)
Administrative Support Vehicles. Pool vehicles will be
made available for employee check out as needed with local responsibility
for prioritizing their use in the event of conflicting requirements. Administrative
vehicle utilization can be augmented with leased or rental vehicles within
mission and budget requirements.
(C)
Maintenance and Supply Vehicles. All agency locations are
encouraged to minimize the requirements for registered motor vehicles and
place more reliance on low speed utility conveyances such as golf carts, "Gators"
or "Mules" for these functions.
(D)
Student Security and Client Support Vehicles. The vans
used in conjunction with the campus security or youth transport functions.
Statewide youth transportation vehicles will be part of this pool. Vehicles
will be outfitted with security enclosures where needed.
(E)
Special Requirements Vehicles. The heavy equipment or special
purpose vehicles, such as dump trucks, fire trucks, and staked flatbed trucks,
specifically authorized at some TYC locations because of unique circumstances
or need.
(2)
Individual Vehicle Assignments. The executive director
may assign state owned vehicles to an individual or executive employee on
a regular basis only with written documentation that the assignment is critical
to the mission of the agency. The following information must be reported to
the OVFM as individual assignments occur. For specific policy and procedures
regarding state vehicle assignment(s) refer to (PRS) §43.15 of this title
(relating to State Vehicle Assignments).
(A)
Vehicle identification number, license plate number, year,
make, and model;
(B)
name and position of the individual to whom it is assigned
unless a determination is made by the executive committee that there is a
law enforcement or security determination and the vehicle has been issued
alias license plates; and
(C)
reason the assignment is critical to the mission of the
agency.
(3)
TYC will establish and maintain the general minimum mileage
criteria for its pooled vehicles based on the guidelines provided by OVFM.
The agency fleet manager will track utilization and initiate actions to rotate
vehicles between locations or pools to meet minimum utilization criteria.
The agency fleet manager will identify unique requirements and justification
for specific other minimum use criteria for OVFM consideration and waiver.
The fleet manager will provide responses and justification to OVFM within
30 days of receipt of quarterly vehicle utilization reports.
(4)
TYC will use one or more of the state contracted vendor
cards for retail fuel dispensing services. Fuel cards will be issued for specific
vehicles, not specific drivers. Unless specifically prohibited by manufacturer
warranty or recommendations, all TYC vehicles operating on gasoline shall
use regular unleaded gasoline. TYC employees will use self-service islands
when refueling at retail fueling stations.
(5)
TYC will establish vehicle replacement goals based on the
purpose, age and mileage criteria published in the OVFM
State Vehicle Management Plan
.
(6)
TYC will out-source maintenance and repair of fleet assets
unless it is demonstrated to be more economical to perform those functions
in-house. TYC will develop interagency agreements to obtain maintenance, repairs
and fuel where feasible.
(7)
TYC may dispose of vehicles identified as excess by the
OVFM through the GSC Surplus Property Division process or through other approved
surplus property disposal processes. TYC must certify the successful disposal
of vehicles identified excess vehicles by OVFM within six months from notification.
Vehicles identified for disposal by GSC are not eligible for replacement.
(8)
TYC will capture and submit, through the fleet manager,
fleet data to OVFM based on the criteria and timetable established in the State Vehicle Management Plan
. TYC will maintain
detailed supporting documentation for all reporting requirements. TYC will
use the standardized vehicle reporting log developed by OVFM unless a different
form is specifically approved by OVFM.
(g)
Driving Requirements.
(1)
Authorized Drivers. Persons authorized to drive a state
owned vehicle, privately owned vehicle, or a leased vehicle on TYC business
shall do so in a responsible manner obeying all state laws and in compliance
with the following rules. This policy applies to vehicles which are to be
driven on public roads, highways and on the grounds of TYC facilities. For
specific procedures regarding authorized drivers refer to (PRS) §43.13
of this title (relating to Driving Requirements).
(2)
General Driver Rules.
(A)
State vehicles shall be used only for official business.
Official business may include travel directly to an employee's home the night
before official travel begins or travel directly from an employee's home to
his/her work site the morning after official travel ends when such is authorized
by the employee's supervisor and will expedite the employee's travel or otherwise
make the most efficient use of the employee's time. See (PRS) §43.13
of this title (relating to Driving Requirements).
(B)
State owned vehicles will be available to TYC staff, volunteers,
and contract nurses to transport youth at TYC staffed facilities in emergencies.
(3)
Vehicle Accident. If the driver is involved in an accident,
he/she should notify his/her supervisor and the VCO immediately. If the accident
occurs on a public thoroughfare, the proper authorities must be notified.
See (PRS) §43.13 of this title (relating to Driving Requirements).
(4)
Use of Fuel Cards. TYC gasoline fuel cards assigned by
TYC are to be used only for purchase of gasoline, standard preventive maintenance
items (oil and filter changes, etc.) and car washes. TYC issued fuel cards
may be used only in state owned vehicles and vehicle(s) leased for state proposes.
See (PRS) §43.13 of this title (relating to Driving Requirements).
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 20, 2001.
TRD-200101587
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 6, 2001
For further information, please call: (512) 424-6301