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SUBCHAPTER Q. Assignment and Use of Agency Vehicles §§ 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, 76 th 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 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 section 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.



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