1 TAC §71.71
The Office of the Secretary of State proposes new §71.71,
relating to the management of vehicles. Because the agency operates one state-owned
vehicle, it is subject to the provisions of Texas Government Code §2171.
House Bill 3125, 76th Texas Legislature, mandated the Office of Vehicle Fleet
Management, under the direction of the Council on Competitive Government,
to develop and implement a vehicle management plan to improve the administration
and operation of the state's fleet. The Council of Competitive Government
on October 11, 2000 adopted the management plan. House Bill 3125, now codified
in Government Code §2171, requires state agencies to adopt rules consistent
with the plan.
Jim Beck, Division Director, Administrative Services Division, has determined
that for each year of the first five-year period the new rule is in effect
there will be no fiscal implications for state or local governments as a result
of enforcing or administering the rule. There are no anticipated fiscal implications
to local government or local economies.
Mr. Beck also has determined that for each year of the first five-year
period the new rule is in effect the public benefit anticipated as a result
of enforcing the rule would be the assurance of greater utilization and management
of any vehicles operated by the agency. There is no anticipated adverse economic
effect on individuals, small businesses, or micro-businesses.
Written comments on the proposed new rule may be submitted to Office of
Secretary of State, c/o Dan Procter, Texas Register, P.O. Box 13824 Austin,
Texas 78711-3824, e-mail: dprocter@sos.state.tx.us.
The new rule is proposed under Government Code §2171.1045,
which requires agencies to adopt rules relating to the assignment and use
of their vehicles.
The proposed new rule affects no other statutes, articles, or codes.
§71.71.Management of Vehicles.
(a)
To the extent applicable, the agency adopts the State Vehicle
Management Plan as adopted by the Office of Vehicle Fleet Management, under
the direction of the Council on Competitive Government, on October 11, 2000.
(b)
Restrictions on Assignment of Vehicles.
(1)
Each agency vehicle shall be assigned to the agency motor
pool and be available for checkout.
(2)
The agency may assign a vehicle to an individual administrative
or executive employee on a regular or everyday basis only if the agency makes
a written determination that the assignment is critical to the needs and mission
of the agency.
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 July 9, 2001.
TRD-200103933
Geoffrey S. Connor
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 463-5562