PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 55. RULES FOR ADMINISTRATIVE SERVICES
SUBCHAPTER G. MANAGEMENT OF VEHICLES
The Texas Department of Licensing and Regulation (Department) proposes new rules to 16 Texas Administrative Code (TAC), Chapter 55, Subchapter G, §§55.110 - 55.112, regarding the Rules for Administrative Services. These proposed changes are referred to as "proposed rules."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The proposed rules under new Subchapter G establish new rules to comply with section 2171.1045 of the Texas Government Code, which requires the adoption of rules relating to the assignment and use of the Department vehicles.
The rules under 16 TAC, Chapter 55, implement Texas Government Code, Chapter 2155, Purchasing: General Rules and Procedures; Chapter 2156, Purchasing Methods; Chapter 2161, Historically Underutilized Businesses; Chapter 2260, Resolution of Certain Contract Claims Against the State; Chapter 2261, State Contracting Standards and Oversight; Chapter 552, Public Information; and Chapter 2009, Alternative Dispute Resolution for use by Governmental Bodies. Chapter 55 also implements Civil Practice and Remedies Code, Chapter 107, Permission to Sue the State; and Chapter 154, Alternative Dispute Resolution Procedures.
SECTION-BY-SECTION SUMMARY
The proposed rules add new Subchapter G. Management of Vehicles.
The proposed rules add new §55.110, Vehicle Management Plan. The proposed rules adopt the Texas State Vehicle Fleet Management Plan developed by the Office of the Vehicle Fleet Management, Statewide Procurement Division of the Texas Comptroller of Public Accountants to the extend applicable.
The proposed rules add new §55.111, Motor Pool. The proposed rules establish that each Department vehicle, that is not assigned to a field employee, or used for undercover or surveillance activities, must be assigned to the Department motor pool and available for checkout.
The proposed rules add new §55.112, Assignment of Vehicles. The proposed rules establish the process to be used to assign a vehicle to an individual on a regular basis.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs to state or local government as a result of enforcing or administering the proposed rules. Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there will be reductions in costs to the state or local government as a result of enforcing or administering the proposed rules.
The proposed rules require for a motor pool vehicle to be used by an agency employee instead of a rental vehicle or the employee's personal vehicle, which necessitates reimbursement to the employee, will reduce the agency's travel costs and costs to the State. However, the amount of this reduction cannot be estimated as it will depend on how many vehicles are available at any given time, how many days a vehicle will be needed or miles it will be driven, and how many employees will be able to avail themselves of the vehicles. The proposed rules will not reduce the number of employees or resources needed by the agency.
Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
Mr. Couvillon has determined that the proposed rules will not affect a local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.
PUBLIC BENEFITS
Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be that the agency will reduce travel costs and ultimately costs to the state.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL
Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, are not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT
Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:
1. The proposed rules do not create or eliminate a government program.
2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rules do not require an increase or decrease in fees paid to the agency.
5. The proposed rules create a new regulation. The proposed rules create a new regulation with requirements for the agency in the management of its vehicles.
6. The proposed rules do not expand, limit, or repeal an existing regulation.
7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.
8. The proposed rules do not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a taking impact assessment under Government Code §2007.043.
PUBLIC COMMENTS
Comments on the proposed rules may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/gcerules; by facsimile to (512) 475-3032; or by mail to Shamica Mason, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter. The proposed rules are also proposed under Texas Government Code, Chapter 2271, which requires the adoption of rules related to the assignment and use of the Department vehicles.
No other statutes, articles, or codes are affected by the proposed rules.
§55.110.Vehicle Management Plan.
To the extent applicable, the department adopts the Texas State Vehicle Fleet Management Plan developed by the Office of Vehicle Fleet Management, Statewide Procurement Division of the Texas Comptroller of Public Accountants.
§55.111.Motor Pool.
(a) Each department vehicle, except a vehicle assigned to a field employee or a vehicle used for undercover activities, or a vehicle used for surveillance activities, must be assigned to the department motor pool.
(b) A vehicle assigned to the department motor pool must be available for check-out, as needed and as available.
(c) A vehicle assigned to the department motor pool must be used whenever possible, rather than relying on a rental vehicle or employee reimbursement for the use of a personal vehicle.
§55.112.Assignment of Vehicles.
(a) The department must assign a vehicle to a specific user location, organizational unit, or individual, to properly account for, track, and monitor the vehicle.
(b) If the department assigns a vehicle to an individual administrative or executive employee, on a permanent or daily basis, the department must keep on file a document signed by the executive director stating that the assignment is critical to the mission of the department.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 10, 2022.
TRD-202204045
Brad Bowman
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: November 20, 2022
For further information, please call: (512) 463-7750