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, 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.
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 Section 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.
§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.