CHAPTER 2176. MAIL
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES
CHAPTER 2176. MAIL
SUBCHAPTER A. EVALUATION AND PLANNING OF MAIL OPERATIONS
Sec. 2176.001. MAIL OPERATIONS OFFICER. A state agency in
Travis County shall designate a person to manage mail for the
agency's offices and units.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
For expiration of this section, see Section 2151.0041.
Sec. 2176.0011. 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. 1.39, eff. September 1, 2007.
Sec. 2176.002. STATE AGENCY EVALUATION AND IMPROVEMENT OF MAIL
OPERATIONS. To improve state agency management of mail and to
reduce the state's mail costs, a state agency in the executive
branch of state government shall:
(1) evaluate its mail operations to identify and eliminate
practices resulting in excessive mail costs; and
(2) develop and implement plans and procedures for making
necessary improvements in mail operations.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.003. COMMISSION EVALUATION OF STATE AGENCY MAIL
OPERATIONS. The commission shall:
(1) evaluate the mail operations of state agencies located in
Travis County and make recommendations to identify and eliminate
practices resulting in excessive mail costs; and
(2) establish minimum objectives and responsibilities for
managing mail for the agencies.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.004. COMMISSION PROCEDURES FOR IMPROVEMENT OF MAIL
OPERATIONS. The commission shall:
(1) in conjunction with the United States Postal Service,
establish procedures to improve the measurement of state agency
mail costs, using postage meters or stamps as appropriate;
(2) establish procedures to determine the advantages to state
agencies of presorting mail;
(3) establish procedures to determine the lowest cost class of
mail necessary to effectively accomplish individual state agency
functions;
(4) evaluate the cost-effectiveness of using alternatives to the
United States Postal Service for delivering state agency mail;
(5) train state agency personnel regarding cost-effective
mailing practices;
(6) set standards for receipt, delivery, collection, and
dispatch of mail; and
(7) publish and disseminate standards, guides, and instructions
for managing mail and establish and implement procedures for
monitoring compliance with the standards, guides, and
instructions.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.005. STATE AGENCY REPORTS ON MAIL OPERATIONS. (a) A
state agency in Travis County shall periodically send to the
governor and the legislative budget office a report of its
progress in achieving the objectives for and the revisions of
mail operations established under Section 2176.004, including an
analysis of savings projected from the resulting improvements in
managing mail.
(b) When two or more state agencies by interagency contract are
providing common services for managing mail, the agencies may
designate a single agency to report on behalf of all agencies
participating under the contract.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.006. MAILING LISTS. A state agency in Travis County
shall review and consolidate mailing lists used by the agency to
distribute publications and other materials issued by the agency.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER B. INTERAGENCY MAIL
Sec. 2176.051. INTERAGENCY MAIL SERVICE. (a) The commission
shall operate a messenger service for delivering unstamped
written communications and packages between the following
entities located in Travis County:
(1) state agencies;
(2) the legislature; and
(3) legislative agencies.
(b) All entities described by Subsection (a) shall use the
service.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.052. USE OF UNITED STATES POSTAL SERVICE; ALTERNATE
DELIVERY METHODS. An entity subject to Section 2176.051 may use
a delivery method other than that provided under Section 2176.051
for delivering interagency mail to another entity subject to
Section 2176.051 but may not use the United States Postal Service
for the delivery unless required to do so under state or federal
law.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.053. DELIVERY OF STATE WARRANTS. State warrants may
be delivered in a manner agreed to by the comptroller and the
affected agency.
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. 1.40, eff. September 1, 2007.
SUBCHAPTER C. OUTGOING FIRST-CLASS MAIL IN TRAVIS COUNTY
Sec. 2176.101. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to outgoing first-class mail practices of a state
agency located in Travis County.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.102. COMMISSION EVALUATION. The commission shall
evaluate the outgoing first-class mail practices of state
agencies located in Travis County, including the lists, systems,
and formats used to create mail.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.103. DISCOUNTED POSTAL RATES. The commission shall
achieve the maximum available discount on postal rates whenever
acceptable levels of timeliness, security, and quality of service
can be maintained using the discounted rate.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.104. REQUIREMENT TO CONSULT WITH COMMISSION. A state
agency to which this subchapter applies shall consult the
commission before the agency may:
(1) purchase, upgrade, or sell mail processing equipment;
(2) contract with a private entity for mail processing; or
(3) take actions that significantly affect the agency's
first-class mail practices.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.105. GUIDELINES FOR MEASURING AND ANALYZING
FIRST-CLASS MAIL PRACTICES. (a) The commission shall adopt and
distribute to each state agency to which this subchapter applies
guidelines by which outgoing first-class mail practices may be
measured and analyzed. The guidelines must require using the
services of the United States Postal Service to the extent
possible.
(b) The commission shall review and update the guidelines at
least once every two years, beginning two years after the date on
which the guidelines are adopted.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.106. TRAINING. (a) Not later than the 90th day after
the date on which the initial guidelines under Section 2176.105
are distributed, and at least annually beginning one year after
the date of distribution, the commission shall provide training
to state agency personnel who handle first-class mail.
(b) The commission may use to the extent possible free training
provided by the United States Postal Service.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.107. PREREQUISITE TO UPGRADING OR REPLACING MAIL
EQUIPMENT; COMPARISON AND ANALYSIS. (a) If the commission
determines that upgrading existing mail production or processing
equipment or purchasing new mail production or processing
equipment is required to improve outgoing first-class mail
practices of the commission or another state agency located in
Travis County, the commission shall prepare a cost-benefit
analysis demonstrating that the upgrade or purchase is more
cost-effective than contracting with a private entity to provide
the equipment or mail service.
(b) The commission shall approve the most cost-effective method.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.109. FEES FOR COMMISSION SERVICES. (a) The
commission by interagency contract shall charge and collect fees
from each state agency to which this subchapter applies for the
commission's services under this subchapter.
(b) The total amount charged a state agency under this section
may not exceed the amount of the agency's appropriated funds for
outgoing first-class mail, as determined by the Legislative
Budget Board, minus the agency's fixed costs for these services.
(c) The commission shall transfer to the general revenue fund
the amount of a fee charged a state agency under this section
that is greater than the amount of the commission's actual
expenses for performing the services for the agency.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.110. RULES. The comptroller shall adopt rules for
state agencies to implement this chapter. 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. 1.41, eff. September 1, 2007.
SUBCHAPTER D. PROCESSING OF MAIL
Sec. 2176.151. TIMELY PROCESSING OF MAIL. Mail shall:
(1) be processed for delivery as quickly as necessary under
existing circumstances; and
(2) not be unduly delayed only to achieve a lower postal rate.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2176.152. PROCESSING UNITED STATES MAIL IN CAPITOL COMPLEX.
United States mail may be delivered to and from the post office
located in the capitol complex on agreement between the
commission and the affected agency.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER E. SPECIAL MAIL SERVICES
Sec. 2176.201. USE OF CERTAIN MAIL SERVICES. Notwithstanding
another law that requires the use of certain mail services, a
state agency may use any form of mail service available from the
United States Postal Service to lower postal costs whenever
acceptable levels of accountability, timeliness, security, and
quality of service can be maintained.
Added by Acts 1997, 75th Leg., ch. 1145, Sec. 1, eff. July 1,
1997.
Sec. 2176.202. CHANGE OF ADDRESS SERVICE. Notwithstanding
another law regarding change of address updates, a state agency
may use any change of address update service approved by the
United States Postal Service for the purpose of receiving a
postal discount rate.
Added by Acts 1997, 75th Leg., ch. 1145, Sec. 1, eff. June 19,
1997.
Sec. 2176.203. NOTIFICATION OF SERVICE OPTIONS. The commission
shall, as part of the guidelines developed under Section
2176.105, provide information to state agencies about special
mail services offered by the United States Postal Service. The
commission shall assist a state agency in determining which
service to use, considering the state agency's needs for
accountability, timeliness, security, and quality of service.
Added by Acts 1997, 75th Leg., ch. 1145, Sec. 1, eff. Sept. 1,
1997.