Law:Title 10. General Government. Subtitle D. State Purchasing And General Services from Chapter 2171. Travel And Vehicle Fleet Services (Texas)

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Subtitle D. State Purchasing And General Services

Contents

Chapter 2171. Travel And Vehicle Fleet Services

Subchapter A. General Provisions

Section  2171.001.  Travel Division.

The travel division of the commission is composed of the central travel office and the office of vehicle fleet management.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



For expiration of this section, see Section 2151.0041.

Section 2171.0011.  Transfer Of Duties; Reference.

(a) The powers and duties of the commission under this chapter are transferred to the comptroller.

(b)  In this chapter, a reference to the commission means the comptroller.

Added by Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 1.34, eff. September 1, 2007.



Section 2171.002.  Rules.

(a) The comptroller shall adopt rules to implement this chapter, including rules related to:

(1)  the structure of the comptroller's travel agency contracts;

(2)  the procedures the comptroller uses in requesting and evaluating bids or proposals for travel agency contracts;  and

(3)  the use by state agencies of negotiated contract rates for travel services.

(b)  Before adopting a rule under this section, the comptroller must conduct a public hearing regarding the proposed rule regardless of whether the requirements of Section 2001.029(b) are met.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 1.35, eff. September 1, 2007.



Subchapter B. Travel Services

Section  2171.051.  Provision Of Travel-related Services.

(a) The central travel office shall monitor travel reservations and other travel arrangements required for business travel by a state employee or state agency and shall provide travel-related services as provided by this chapter.

(b)  State agencies shall use the office's services to the maximum extent consistent with improved economy and efficiency.

(c)  After approval by the executive director, the central travel office shall designate state agencies that may use the services of the office. The executive director shall approve the use of those services by the designated state agencies after the director of the travel division certifies to the executive director that the central travel office is capable of providing those services.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2171.052.  Contracts With Providers Of Travel Services. (a)

In this section, "commercial lodging establishment" has the meaning assigned by Section 660.002.

(b)  The central travel office may negotiate contracts with private travel agents, with travel and transportation providers, and with credit card companies that provide travel services and other benefits to the state. The central travel office may negotiate with commercial lodging establishments to obtain the most cost-effective rates possible for state employees traveling on state business.

(c)  The commission may make contracts with travel agents that meet certain reasonable requirements prescribed by the central travel office, with preference given to resident entities of this state.

(d)  To the greatest extent possible, the commission shall use electronic means to solicit and receive bids under this section.

(e)  Repealed by Acts 2003, 78th Leg., ch. 309, Sec. 8.02.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.11(a), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 280, Sec. 10, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1422, Sec. 7.04, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 309, Sec. 8.01, 8.02, eff. June 18, 2003.



Section  2171.053.  Contracts Not Subject To Competitive Bidding Requirements.

Contracts under this subchapter are not subject to the competitive bidding requirements imposed under Chapters 2155-2158.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2171.054.  Travel Voucher Audits.

The comptroller shall, under Chapter 403, audit travel vouchers for compliance with rules adopted to enforce this subchapter.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2171.055.  Participation In Travel Services Contracts.

(a) State agencies in the executive branch of state government shall participate under commission rules in the commission's contracts for travel services, provided that all travel agents approved by the commission are permitted to contract with the state and provide travel services to all state agencies.

(b)  An institution of higher education as defined by Section 61.003, Education Code, is not required to participate in the commission's contracts for travel agency services or other travel services purchased from funds other than general revenue funds or educational and general funds as defined by Section 51.009, Education Code. The Employees Retirement System of Texas is not required to participate in the commission's contracts for travel agency services or other travel services purchased from funds other than general revenue funds.

(c)  The commission may provide by rule for exemptions from required participation.

(d)  Agencies of the state that are not required to participate in commission contracts for travel services may participate as provided by Section 2171.051.

(e)  A county officer or employee who is engaged in official county business may participate in the commission's contract for travel services for the purpose of obtaining reduced airline fares and reduced travel agent fees. A county sheriff or deputy sheriff or juvenile probation officer who is transporting a state prisoner under a felony warrant may participate in the commission's contract for travel services for purposes of obtaining reduced airline fares and reduced travel agent fees for the law enforcement or probation officer and the prisoner. The commission may charge a participating county a fee not to exceed the costs incurred by the commission in providing services under this subsection. The commission shall periodically review fees and shall adjust them as needed to ensure recovery of costs incurred in providing services to counties under this subsection. The commission shall deposit the fees collected under this subsection to the credit of the county airline fares account. The county airline fares account is an account in the general revenue fund that may be appropriated only for the purposes of this chapter. The commission shall adopt rules and make or amend contracts as necessary to administer this subsection.

(f)  An officer or employee of a public junior college, as defined by Section 61.003, Education Code, or of a school district who is engaged in official business may participate in the commission's contract for travel services. The commission may charge a participating public junior college or school district a fee not to exceed the costs incurred by the commission in providing services under this subsection. The commission shall periodically review fees and shall adjust them as needed to ensure recovery of costs incurred in providing services to public junior colleges and school districts under this subsection. The commission shall deposit the fees collected under this subsection to the credit of the public education travel account. The public education travel account is an account in the general revenue fund that may be appropriated only for the purposes of this chapter. The commission shall adopt rules and make or amend contracts as necessary to administer this subsection.

(g)  A municipal officer or employee who is engaged in official municipal business may participate in the commission's contract for travel services for the purpose of obtaining reduced airline fares and reduced travel agent fees. The commission may charge a participating municipality a fee not to exceed the costs incurred by the commission in providing services under this subsection. The commission shall periodically review fees and shall adjust them as needed to ensure recovery of costs incurred in providing services to municipalities under this subsection. The commission shall deposit the fees collected under this subsection to the credit of the municipality airline fares account. The municipality airline fares account is an account in the general revenue fund that may be appropriated only for the purposes of this chapter. The commission shall adopt rules and make or amend contracts as necessary to administer this subsection.

(h)  A board member or employee of a communication district or an emergency communication district established under Chapter 772, Health and Safety Code, who is engaged in official district business may participate in the commission's contract for travel services for the purpose of obtaining reduced airline fares and reduced travel agent fees.  The commission may charge a participating district a fee not to exceed the costs incurred by the commission in providing services under this subsection.  The commission shall periodically review fees and shall adjust them as needed to ensure recovery of costs incurred in providing services to districts under this subsection.  The commission shall deposit the fees collected under this subsection to the credit of the emergency communication district airline fares account.  The emergency communication district airline fares account is an account in the general revenue fund that may be appropriated only for the purposes of this chapter.  The commission shall adopt rules and make or amend contracts as necessary to administer this subsection.

(i)  An officer or employee of a transportation or transit authority, department, district, or system established under Subtitle K, Title 6, Transportation Code, who is engaged in official business of the authority, department, district, or system may participate in the comptroller's contracts for travel services.  The comptroller may charge a participating authority, department, district, or system a fee not to exceed the costs incurred by the comptroller in providing services under this subsection.  The comptroller shall periodically review fees and shall adjust them as needed to ensure recovery of costs incurred in providing services to authorities, departments, districts, and systems under this subsection.

(j)  An officer or employee of a hospital district created under general or special law who is engaged in official hospital district business may participate in the commission's contract for travel services for the purpose of obtaining reduced airline fares and reduced travel agent fees.  The commission may charge a participating hospital district a fee not to exceed the costs incurred by the commission in providing services under this subsection.  The commission shall periodically review fees and shall adjust them as needed to ensure recovery of costs incurred in providing services to hospital districts under this subsection.  The commission shall deposit the fees collected under this subsection to the credit of the hospital district airline fares account.  The hospital district airline fares account is an account in the general revenue fund that may be appropriated only for the purposes of this chapter.  The commission shall adopt rules and make or amend contracts as necessary to administer this subsection.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.11(b), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 281, Sec. 1, 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 46, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1541, Sec. 56, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 568, Sec. 1, eff. June 11, 2001; Acts 2003, 78th Leg., ch. 482, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 501, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 728, Sec. 23.001(40), eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 891, Sec. 1, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch. 1308, Sec. 1, eff. June 18, 2005.

Acts 2009, 81st Leg., R.S., Ch. 207, Sec. 1, eff. May 27, 2009.



Section  2171.056.  Purchase Of Or Reimbursement For Transportation In Amount Exceeding Contracted Rates.

(a) This section applies only to a state agency in the executive branch of state government that is required to participate in the commission's contracts for travel services.

(b)  Except as provided by commission rule, a state agency may not:

(1)  purchase commercial airline or rental car transportation if the amount of the purchase exceeds the amount of the central travel office's contracted fares or rates; or

(2)  reimburse a person for the purchase of commercial airline or rental car transportation for the amount that exceeds the amount of the central travel office's contracted fares or rates.

(c)  The commission shall educate state agencies about this section.

(d)  The comptroller shall audit travel vouchers under Chapter 403 for compliance with this section.

(e)  The comptroller shall adopt rules related to exemptions from the prohibition prescribed by Subsection (b).

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 1.36, eff. September 1, 2007.



Subchapter C. Vehicle Fleet Services

Section  2171.101.  Vehicle Reporting System.

(a) The office of vehicle fleet management shall establish a vehicle reporting system to assist each state agency in the management of its vehicle fleet.  A state agency shall be required to submit the reports on a quarterly basis, not earlier than the 45th day or later than the 60th day after the date on which the quarter ends.

(b)  The office shall:

(1)  develop automated information retrieval systems to implement the reporting system; and

(2)  maintain a complete inventory of agency vehicles by class of vehicle.

(c)  The office shall determine the average cost of operation for each class of vehicle.

(d)  The office shall file an annual report with the legislature containing:

(1)  vehicle information submitted by state agencies; and

(2)  the names of state agencies that fail to report complete vehicle information.

(e)  The office shall 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.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.10(b), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1050, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 309, Sec. 7.01, eff. June 18, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 658, Sec. 1, eff. June 17, 2005.



Section  2171.102.  Maintenance Of State Vehicles.

(a) The office of vehicle fleet management may, for a fee, provide routine periodic maintenance service to state agencies located in Travis County.

(b)  The office may negotiate contracts for major overhauls and other extensive mechanical work.

(c)  Contracts entered into under this section are not subject to the competitive bidding requirements imposed under Chapters 2155, 2156, 2157, and 2158.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.02, eff. June 18, 2003.



Section  2171.103.  Facilitation Of Conversion To And Use Of Alternative Fuels.

(a) The office of vehicle fleet management may act as necessary to encourage and facilitate the conversion and use of motor vehicles that are capable of using alternative fuels, especially compressed natural gas.

(b)  The office may:

(1)  establish centralized refueling stations throughout the state;

(2)  operate regional conversion and repair facilities; and

(3)  provide all services and support necessary to expedite the use of compressed natural gas or other alternative fuels by state agencies as required by Subchapter A, Chapter 2158.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.12(a), eff. Sept. 1, 1997.



Section  2171.104.  Management Plan.

(a) The office of vehicle fleet management, as directed by the State Council on Competitive Government, shall develop a management plan with detailed recommendations for improving the administration and operation of the state's vehicle fleet.

(b)  The Texas Department of Transportation, Department of Public Safety of the State of Texas, Texas Department of Mental Health and Mental Retardation, Parks and Wildlife Department, and Texas Department of Criminal Justice shall assist the office of vehicle fleet management in preparing the management plan for the state's vehicle fleet.

(c)  The management plan must address:

(1)  opportunities for consolidating and privatizing the operation and management of vehicle fleets in areas where there is a concentration of state agencies, including the Capitol Complex and the Health and Human Services Complex in Austin;

(2)  the number and type of vehicles owned by each agency and the purpose each vehicle serves;

(3)  procedures to increase vehicle use and improve the efficiency of the state vehicle fleet;

(4)  procedures to reduce the cost of maintaining state vehicles;

(5)  procedures to handle surplus or salvage state vehicles; and

(6)  lower-cost alternatives to using state-owned vehicles, including:

(A)  using rental cars; and

(B)  reimbursing employees for using personal vehicles.

(d)  The commission shall require a state agency to transfer surplus or salvage vehicles identified by the management plan to the commission and shall sell or dispose of the vehicles in accordance with the provisions of Chapter 2175 that provide for disposition of surplus or salvage property by the commission.

Added by Acts 1999, 76th Leg., ch. 1050, Sec. 2, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.03, eff. June 18, 2003.



Section  2171.1045.  Restrictions On Assignment Of Vehicles.

Each state agency shall adopt rules, consistent with the management plan adopted under Section 2171.104, relating to the assignment and use of the agency's vehicles. The rules must require that:

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

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

Added by Acts 1999, 76th Leg., ch. 1050, Sec. 2, eff. Sept. 1, 1999.



Section 2171.105.  Management Plan:  Institutions Of Higher Education.

(a) In this section:

(1)  "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.

(2)  "Plan" means the management plan developed under Section 2171.104.

(b)  For institutions of higher education, the plan applies only to vehicles purchased by an institution of higher education with appropriated money.

(c)  On the request of a fleet manager appointed by an institution of higher education, the office of vehicle fleet management may grant a waiver from any limit on the number of vehicles subject to the plan that the institution may own.

(d)  Any minimum use criteria developed in the plan do not apply to an institution of higher education.

Added by Acts 2005, 79th Leg., Ch. 658, Sec. 2, eff. June 17, 2005.


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