Presenter: Robert Cook

Commission Agenda Item No. 7
Action
Vehicle Management Plan
May 2001

I. Discussion: House Bill 3125, 76th Legislature, created the statewide fleet management plan. Staff will present new rule §51.152, concerning Assignment and Use of Agency Vehicles. The new section is necessary to comply with the provisions of Government Code, §2171.1045, which requires each state agency to adopt rules relating to the assignment and use of the agency’s vehicles. Continued removal of the vehicle purchasing moratorium established in H.B. 3125 is contingent upon adoption of this rule. The new rule requires that:

(a) Each agency vehicle, with the exception of a vehicle assigned to a field employee, shall be assigned to the agency motor pool and be available for checkout; and

(b) The agency may assign a vehicle to an individual administrative or executive employee on a regular basis only if the agency makes a written documented finding that the assignment is critical to the needs and mission of the agency.

II. Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission authorizes staff to adopt the new rule §51.152 regarding the Texas Parks and Wildlife Vehicle Management Plan."

Attachments - 2
1. Exhibit A - Rule
2. Exhibit B - Fiscal Note (Available upon request)


Commission Agenda Item No. 7
Exhibit A

Assignment and Use of Agency Vehicles
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes new §51.152, concerning Assignment and Use of Agency Vehicles. The new section is necessary to comply with the provisions of Government Code, §2171.1045, which requires each state agency to adopt rules relating to the assignment and use of the agency's vehicles.

2. Fiscal Note.

Robert Macdonald, regulations coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the rule.

3. Public Benefit - Cost Note.

Mr. Macdonald has also determined that for each of the first five years the rule as proposed is in effect:

(A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be the discharge of the agency's duty to implement the fleet vehicle management plan required by Government Code, Chapter 2171.

(B) There will be no effect on small businesses, microbusinesses, or persons required to comply with the rule as proposed.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

4. Request for Public Comments.

Comments on the proposed rule may be submitted to Doug Schonberner, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8108 or 1-800-792-1112 extension 8108 (e-mail: doug.schonberner@tpwd.state.tx.us).

5. Statutory Authority.

The rule is proposed under Government Code, §2171.1045, which requires the department to adopt rules relating to the assignment and use of the agency's vehicles.

The proposed rule affects Government Code, Chapter 2171.

§51.152. Assignment and Use of Agency Vehicles.

(a) Each agency vehicle, with the exception of a vehicle assigned to a field employee, shall be assigned to the agency motor pool and be available for checkout.

(b) The agency may assign a vehicle to an individual administrative or executive employee on a regular basis only if the agency makes a written documented finding that the assignment is critical to the needs and mission of the agency.

This agency hereby certifies that the rule as proposed has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on


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