2005 Texas Government Code CHAPTER 2171. TRAVEL AND VEHICLE FLEET SERVICES

GOVERNMENT CODE

CHAPTER 2171. TRAVEL AND VEHICLE FLEET SERVICES

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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, § 1, eff. Sept. 1, 1995.            


	§ 2171.002. RULES.  The commission shall adopt rules to 
implement this chapter, including rules related to:
		(1)  the structure of the commission's travel agency 
contracts;             
		(2)  the procedures the commission 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.

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

SUBCHAPTER B. TRAVEL SERVICES


	§ 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, § 1, eff. Sept. 1, 1995.            


	§ 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, § 8.02.                     

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


	§ 2171.0521. ONLINE RESERVATION AND TICKETING 
CAPABILITY.  (a) The Department of Information Resources, in 
consultation with the commission, shall establish and manage the 
electronic infrastructure of an online travel reservation and 
ticketing capability for use by state agencies participating in the 
commission's contracts for travel services.  The commission shall 
manage and administer the content of the online travel reservation 
and ticketing capability.  The Department of Information Resources, 
in consultation with the commission, shall enter into contracts 
with private or public entities to establish a secure means by which 
a state employee traveling on state business may electronically 
participate in the commission's contracts for travel services.  The 
Department of Information Resources shall attempt to establish an 
online capability that connects to the online reservation or 
ticketing systems of providers of travel services.  Reservations 
must be made with a state-issued credit card or other form of 
payment authorized by the commission.
	(b)  The preference in Section 2171.052(c) for a resident 
entity of this state does not apply to this section.
	(c)  A state agency may use the online reservation and 
ticketing capability to make travel reservations for a state 
employee traveling on state business.

Added by Acts 2001, 77th Leg., ch. 1422, § 7.05, eff. Sept. 1, 
2001.     


	§ 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, § 1, eff. Sept. 1, 1995.            


	§ 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, § 1, eff. Sept. 1, 1995.            


	§ 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.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 165, § 17.11(b), eff. Sept. 
1, 1997;  Acts 1997, 75th Leg., ch. 281, § 1, 2, eff. Sept. 1, 
1997;  Acts 1999, 76th Leg., ch. 46, § 1, eff. Sept. 1, 1999;  
Acts 1999, 76th Leg., ch. 1541, § 56, eff. Sept. 1, 1999;  Acts 
2001, 77th Leg., ch. 568, § 1, eff. June 11, 2001;  Acts 2003, 
78th Leg., ch. 482, § 1, eff. Sept. 1, 2003;  Acts 2003, 78th 
Leg., ch. 501, § 1, eff. June 20, 2003;  Acts 2005, 79th Leg., ch. 
728, § 23.001(40), eff. Sept. 1, 2005;  Acts 2005, 79th Leg., ch. 
891, § 1, eff. June 17, 2005;  Acts 2005, 79th Leg., ch. 1308, 
§ 1, eff. June 18, 2005.


	§ 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 commission shall adopt rules related to exemptions 
from the prohibition prescribed by Subsection (b).  To facilitate 
the audit of the travel vouchers, the commission shall consult with 
the comptroller before the commission adopts rules or procedures 
under Subsection (b).

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

SUBCHAPTER C. VEHICLE FLEET SERVICES


	§ 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, § 1, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 165, § 17.10(b), eff. Sept. 
1, 1997;  Acts 1999, 76th Leg., ch. 1050, § 1, eff. Sept. 1, 1999;  
Acts 2003, 78th Leg., ch. 309, § 7.01, eff. June 18, 2003;  Acts 
2005, 79th Leg., ch. 658, § 1, eff. June 17, 2005.


	§ 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, § 1, eff. Sept. 1, 1995.  
Amended by Acts 2003, 78th Leg., ch. 309, § 7.02, eff. June 18, 
2003.


	§ 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, § 1, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 165, § 17.12(a), eff. Sept. 
1, 1997.


	§ 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, § 2, eff. Sept. 1, 1999.  
Amended by Acts 2003, 78th Leg., ch. 309, § 7.03, eff. June 18, 
2003.


	§ 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, § 2, eff. Sept. 1, 1999.          


	§ 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, § 2, eff. June 17, 2005.