28 TAC §§1.1901 - 1.1904
The Texas Department of Insurance (Department) proposes new §§1.1901
- 1.1904 concerning department vehicles. These 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
Section 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 Section 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.
Proposed §1.1901 states that the purpose of the subchapter is to implement
the provisions of Section 2171.1045 of the Government Code. Proposed §1.1902
provides that department vehicles are assigned to the department motor pool
and may be available for checkout. Proposed §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. Proposed §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.
Karen Phillips, Chief Financial Officer, has determined that for each year
of the first five years the proposed sections will be in effect, there will
be no fiscal impact to state and local governments as a result of the enforcement
or administration of the rule. There will be no measurable effect on local
employment or the local economy as a result of the proposal.
Ms. Phillips has determined that for each year of the first five years
the sections are in effect, the public benefits anticipated as a result of
the proposed sections will be the enactment of vehicle fleet management rules
and policies to conform to the Office of Fleet Vehicle Management's State
Vehicle Fleet Management Plan. Because the rules would affect TDI only, there
is no probable economic cost to persons required to comply with the sections
and no economic costs on micro, small, and large businesses.
To be considered, written comments on the proposal must be submitted no
later than 5:00 p.m. on June 4, 2001 to Lynda H. Nesenholtz, General Counsel
and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box
149104, Austin, Texas 78714-9104. An additional copy of the comment must be
simultaneously submitted to Creston Brazzil, Mail Code 108-1A, Texas Department
of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Any requests for
a public hearing should be submitted separately to the Office of the Chief
Clerk.
The new sections are proposed under the Government Code §2171.1045
and 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 only as authorized by statute.
The following articles are affected by this proposal: Texas Government
Code §2171.1045
§1.1901.Purpose.
This subchapter sets out the process for the assignment and use of
the department's vehicles. This subchapter implements the provisions of §2171.1045
of the Texas Government Code and is consistent with the State Vehicle Fleet
Management Plan as adopted by the Office of Vehicle Fleet Management of the
General Services Commission.
§1.1902.Use of Department Vehicles.
All vehicles, with the exception of vehicles assigned to field employees,
are assigned to the department motor pool and may be available for checkout
as needed for state business. Because of the department's organizational structure,
some pool vehicles may be maintained at remote or field locations.
§1.1903.Assignment of Department Vehicles.
The department may assign a vehicle to an individual administrative
or executive employee on a regular or daily basis only if there is a written
documentation by the department that the assignment is critical to the needs
and mission of the department.
§1.1904.Waiver or Exemption.
The department will cooperate with the General Services Commission
to identify, request and, if appropriate, use any waiver or exemption provision
in the State Vehicle Management Plan based on conditions specific to the department
in the interest of promoting fiscal efficiency and good business practices.
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 April 18, 2001.
TRD-200102215
Lynda Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: June 3, 2001
For further information, please call: (512) 463-6327