HBA-TYH C.S.H.B. 3125 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3125 By: Chisum State Affairs 4/15/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, state vehicle fleets are operated in a decentralized manner. While the General Service Commission's office of vehicle fleet management (office) is authorized to collect data on agency vehicles, no single entity has oversight responsibilities for the entire state fleet. Instead, each agency manages its own fleet. This can be inefficient, as evidenced by the fact that Texas spent seven cents more per mile in 1996 to operate its vehicles than the federal government. C.S.H.B. 3125 requires the office to develop detailed recommendations for improving the efficiency of the state's vehicle fleet operations, including the out-sourcing of operation and management where appropriate. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2171.101, Government Code, to require the office of vehicle fleet management (office) to file an annual report with the legislature containing vehicle information submitted by state agencies and the names of state agencies that fail to report complete vehicle information. Requires the office to review the operation of each state agency's vehicle fleet and report to the legislature not later than January 1 of each odd-numbered year the status of the agency's vehicle fleet and the office's recommendations to improve operations of the agency's vehicle fleet. SECTION 2. Amends Subchapter C, Chapter 2171, Government Code, by adding Sections 2171.104 and 2171.105, as follows: Sec. 2171.104. MANAGEMENT PLAN. Requires the office, as directed by the State Council on Competitive Government, to develop a management plan with detailed recommendations for improving the administration and operation of the state's vehicle fleet. Requires the Texas Department of Transportation, Department of Public Safety, Texas Department of Mental Health and Mental Retardation, Parks and Wildlife Department, and Texas Department of Criminal Justice to assist the office in preparing the management plan for the state's vehicle fleet. Provides that the management plan must address: _opportunities for consolidating and privatizing the operation and management of vehicle fleets in areas where there is a concentration of state agencies; _the number and type of vehicles owned by each agency and the purpose each vehicle serves; _procedures to increase vehicle use and improve the efficiency of the state vehicle fleet; _procedures to reduce the cost of maintaining state vehicles; _the sale of excess state vehicles; and _the lower-cost alternatives to using state-owned vehicles. Requires the General Services Commission (commission) to sell the excess vehicles identified by the management plan and deposit the proceeds from the sale into the account that the agency used to purchase the vehicle. Sec. 2171.105. PURCHASE OF VEHICLES PROHIBITED. Prohibits a state agency from purchasing a new vehicle before June 1, 2000, unless the purchase is approved by the commission. Authorizes a state agency, on or after June 1, 2000, to purchase a vehicle as provided by the management plan. Authorizes a state agency to purchase a vehicle for law enforcement, emergency, or safety purposes. Authorizes a state agency to purchase heavy equipment, including tractors, bulldozers, and vehicles designed to transport 15 persons or more, if the agency has purchased heavy equipment in previous years. Provides that this section expires September 1, 2001. Makes conforming changes. SECTION 3. (a) Effective date: September 1, 1999. (b) Requires the office of vehicle fleet management to prepare the management plan required by Section 2171.104, Government Code, as added by this Act, and present the plan to the legislature by January 31, 2001. (c) Requires the office of vehicle fleet management to sell the excess vehicles identified by the management plan adopted under Section 2171.104, Government Code, as added by this Act, no later than August 31, 2001. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original bill in SECTION 1 by withdrawing the proposed amendment of Section 2171.01(a), Government Code, requiring the office to review the accuracy of the vehicle information data submitted by a state agency. The substitute modifies the original bill in SECTION 1 (proposed Section 2171.101(d)) by requiring the office to file an annual report with the legislature containing the names of the state agencies that fail to report complete vehicle information, rather than vehicle information. The substitute modifies the original bill in SECTION 2 (proposed Section 2171.104) by placing the office under the direction of the State Council on Competitive Government, with respect to the development of a management plan. The substitute modifies the original bill in proposed Subsection (c) by providing that the management plan must address opportunities for privatizing the operation and management of the state's vehicle fleets, the number and type of vehicles owned by each agency, the purpose of each vehicle, and procedures to increase vehicle use and improve the efficiency of the state vehicle fleet. The substitute modifies the original bill in proposed Subsection (d) by requiring the commission, rather than the office, to sell the excess vehicles identified by the management plan. The substitute modifies the original bill in SECTION 2 (proposed Section 2171.105) by prohibiting a state agency from purchasing a new vehicle before June 1, 2000, unless the purchase is approved by the commission; authorizing a state agency, on or after June 1, 2000, to purchase a vehicle as provided by the management plan; authorizing a state agency to purchase a vehicle, rather than a new vehicle, for safety purposes; and authorizing a state agency to purchase heavy equipment, including tractors, bulldozers, and vehicles designed to transport 15 persons or more, if the agency has purchased heavy equipment in previous years. The original bill prohibited the purchase of a new vehicle before September 1, 2001, except for law enforcement and emergency purposes. Proposed Subsection (c) is redesignated to Subsection (d) of the original. The substitute modifies the original bill in SECTION 2 by withdrawing proposed addition of Section 2171.1015, Government Code, requiring the office to oversee the operation, coordination, consolidation, and management of the state's vehicle fleet.