(a)
Purpose. This rule establishes responsibilities for managing, assigning, and
using the Texas Juvenile Justice Department (TJJD) vehicle fleet, as required
by Texas Government Code §
2171.1045. This rule
also adopts certain procedures mandated in the Texas State Vehicle
Fleet Management Plan.
(b)
Definitions.
(1) Fleet Manager--a TJJD
employee who is responsible for day-to-day agency-wide fleet
management.
(2) Office of Vehicle
Fleet Management (OVFM)--the program within the state comptroller's Texas
Procurement and Support Services Division (TPASS) that developed, under the
direction of the State Council on Competitive Government, the
Texas
State Vehicle Fleet Management Plan.
The OVFM is responsible for managing the state vehicle reporting system and has
authority to establish and to reduce an agency's fleet size.
(c) Vehicle Fleet Size.
(1) TJJD complies with all purchasing
restrictions as outlined in the Texas
State Vehicle
Fleet Management Plan.
(2)
TJJD complies with the current vehicle fleet size mandated by OVFM, except as
noted in paragraph (3) of this subsection.
(3) TJJD may request a waiver of the
authorized vehicle fleet size from OVFM in cases of legislatively mandated
program changes, federal program initiatives, or a documented need resulting
from program growth or changes. In such cases, the waiver request must document
the specific reason for the need to exceed the authorized vehicle fleet
size.
(d) Motor Pools.
TJJD forms statewide motor pools based on the primary
function of each vehicle. Each agency vehicle is assigned within an agency
motor pool at a specific location and made available for checkout for official
duty purposes, except for individually assigned vehicles. Vehicles are rotated
among locations and pools as necessary to meet utilization and efficiency
criteria. Sub-pools may be formed at a location for more efficient management
or utilization purposes.
(e) Individual Vehicle Assignments.
(1) Only the executive director or his/her
designee and the chief inspector general may assign state-owned vehicles on a
permanent or daily basis to an individual staff member. These assignments may
be made only with written documentation, signed by the executive director,
stating that the assignment is critical to the needs and mission of the
agency.
(2) TJJD reports the
following information to the OVFM as individual vehicle assignments occur:
(A) the vehicle identification number,
license plate number, year, make, and model;
(B) the name and position of the individual
to whom the vehicle is assigned, except law enforcement officers when reporting
this information could jeopardize the individual's safety or security, as
determined by the executive director or his/her designee and the chief
inspector general; and
(C) the
reason the assignment is critical to the mission of the agency.
(f) General Fleet
Requirements.
(1) TJJD follows the general
minimum mileage criteria for its fleet vehicles established by OVFM. The fleet
manager, in coordination with the director responsible for facility business
management, tracks mileage and rotates vehicles between locations or pools to
meet minimum use criteria. As necessary and appropriate, the fleet manager may
submit justification to OVFM for a waiver to retain vehicles that fail to meet
minimum use criteria.
(2) TJJD uses
one or more of the state-contracted vendor cards for retail fuel dispensing
services. Fuel cards are issued for specific vehicles, not for specific
drivers. TJJD vehicles operating on gasoline must use regular unleaded gasoline
unless specifically prohibited by manufacturer warranty or a recommendation in
the owner's manual. TJJD employees must use self-service pumps when refueling
at retail fueling stations.
(3)
TJJD establishes vehicle replacement goals based on the purpose, age, and
mileage criteria published in the Texas
State Vehicle
Fleet Management Plan.
(4)
TJJD out-sources maintenance and repair of fleet vehicles unless it is
demonstrated to be more cost-effective for agency staff to perform those
functions. When feasible, TJJD seeks interagency agreements to obtain
maintenance, repairs, and fuel.
(5)
TJJD disposes of vehicles identified as excess by the OVFM through the
processes established by the Texas Facilities Commission's Surplus Property
Division. TJJD must certify the successful disposal of excess vehicles within
six months after notification from OVFM. Vehicles identified for disposal by
OVFM are not eligible for replacement.
(6) TJJD submits fleet data to OVFM based on
the criteria and timetable established in the Texas
State Vehicle Fleet Management Plan. TJJD maintains detailed
supporting documentation for all reporting requirements.
Notes
37
Tex. Admin. Code §
385.9990
The provisions of
this §385.9990 adopted to be effective June 6, 2001, 26 TexReg 3943;
amended to be effective August 19, 2002, 27 TexReg 7552; amended to be
effective December 14, 2003, 28 TexReg 11114; amended to be effective April 27,
2005, 30 TexReg 2402; amended to be effective September 1, 2010, 35 TexReg
7452; amended to be effective November 1, 2011, 36 TexReg 7359; transferred
effective June 4, 2012, as published in the Texas Register June 22, 2012, 37
TexReg 4639; Amended by
Texas
Register, Volume 41, Number 37, September 9, 2016, TexReg
7130, eff.
10/1/2016