CHAPTER 2171. TRAVEL AND VEHICLE FLEET SERVICES
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES
CHAPTER 2171. TRAVEL AND VEHICLE FLEET SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.