Texas 2009 - 81st Regular

Texas House Bill HB2097 Compare Versions

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1	1	By: Hodge, Madden (Senate Sponsor - Hegar) H.B. No. 2097
2	2	(In the Senate - Received from the House April 27, 2009;
3	3	May 1, 2009, read first time and referred to Committee on
4	4	Government Organization; May 23, 2009, reported adversely, with
5	5	favorable Committee Substitute by the following vote: Yeas 5,
6	6	Nays 0; May 23, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR H.B. No. 2097 By: Hegar
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the personal and official use of state vehicles.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 2113.013, Government Code, is amended by
15	15	adding Subsections (b-1), (d), (e), (f), (g), (h), and (i) to read
16	16	as follows:
17	17	(b-1) An officer or employee of a state agency who is
18	18	authorized to use a state-owned or state-leased motor vehicle under
19	19	Subsection (b) shall reimburse the state for the officer's or
20	20	employee's personal use mileage accumulated on the vehicle,
21	21	including mileage resulting from commuting to and from the
22	22	officer's or employee's residence. The officer or employee must
23	23	submit the reimbursement to the state agency not later than the 60th
24	24	day after the last day of the month in which the officer or employee
25	25	accumulates personal use mileage.
26	26	(d) The comptroller shall establish guidelines for a state
27	27	agency officer or employee who is authorized to use a state-owned or
28	28	state-leased motor vehicle under Subsection (b) to reimburse the
29	29	state for the officer's or employee's personal use of the vehicle at
30	30	the state mileage reimbursement rate established as provided by
31	31	Section 660.042. The guidelines must include:
32	32	(1) standards for submission of personal use
33	33	information to the state agency;
34	34	(2) a requirement that the officer or employee
35	35	maintain a point-by-point mileage log for the vehicle, except as
36	36	provided by Subsection (h); and
37	37	(3) procedures for the officer or employee to follow
38	38	to reimburse the state for the officer's or employee's personal use
39	39	of the vehicle.
40	40	(e) Except as provided by Subsection (h), a state agency
41	41	that authorizes a state agency officer or employee to use a
42	42	state-owned or state-leased motor vehicle under Subsection (b)
43	43	shall adopt the guidelines established by the comptroller under
44	44	Subsection (d).
45	45	(f) Not later than December 31 of each year, the comptroller
46	46	shall submit a report to the presiding officers of both houses of
47	47	the legislature on the personal use of state-owned or state-leased
48	48	motor vehicles by state agency officers and employees. The report
49	49	must include:
50	50	(1) the total personal use miles attributable to each
51	51	state agency; and
52	52	(2) an accounting of reimbursements made to a state
53	53	agency under Subsection (b-1).
54	54	(g) The comptroller may require the installation of global
55	55	positioning devices in all motor vehicles purchased or leased by
56	56	the state. The comptroller shall modify the guidelines established
57	57	under Subsection (d) as necessary to make use of the devices.
58	58	(h) A peace officer or other law enforcement officer who is
59	59	authorized to use a state-owned or state-leased motor vehicle under
60	60	Subsection (b) and whose primary duty is to patrol an established
61	61	area is not required to log personal use mileage. A state agency
62	62	officer or employee who is authorized to use a state-owned or
63	63	state-leased motor vehicle under Subsection (b) and who performs
64	64	functions vital to law enforcement or public safety as determined
65	65	by the administrative head of the agency is not required to log
66	66	personal use mileage or to reimburse the state under Subsection
67	67	(b-1).
68	68	(i) Subsection (b-1) does not apply to an individual who has
69	69	been commissioned as:
70	70	(1) a peace officer by the Public Safety Commission or
71	71	the director of the Department of Public Safety;
72	72	(2) a peace officer by the executive director of the
73	73	Parks and Wildlife Department;
74	74	(3) an inspector or representative by the Texas
75	75	Alcoholic Beverage Commission or the administrator of the Texas
76	76	Alcoholic Beverage Commission; or
77	77	(4) an employee of the office of the attorney general
78	78	who is assigned to a division that involves law enforcement.
79	79	SECTION 2. Section 2203.001, Government Code, is amended by
80	80	amending Subsection (c) and adding Subsections (c-1) and (c-2) to
81	81	read as follows:
82	82	(c) A report filed under this section must show:
83	83	(1) the purpose for which the vehicle was used;
84	84	(2) the mileage traveled, including a detailed
85	85	point-by-point accounting of the mileage between stops and the
86	86	purpose for each stop except as provided by Section 2113.013(h);
87	87	(3) the amounts of gasoline and oil consumed;
88	88	(4) the passengers carried; and
89	89	(5) other information necessary to a proper record of
90	90	the use of the vehicle.
91	91	(c-1) A state agency that uses state-owned or state-leased
92	92	vehicles for undercover or security purposes may develop a
93	93	code-based system to identify locations for the purposes of this
94	94	section.
95	95	(c-2) An individual described by Section 2113.013(i) is not
96	96	required to include in a report filed under this section a detailed
97	97	point-by-point accounting of the mileage between stops and the
98	98	purpose for each stop.
99	99	SECTION 3. The comptroller shall adopt the guidelines
100	100	required by Section 2113.013(d), Government Code, as added by this
101	101	Act, as soon as possible. The guidelines must take effect not later
102	102	than September 1, 2009, and apply to a state agency on or after
103	103	September 1, 2009.
104	104	SECTION 4. This Act takes effect immediately if it receives
105	105	a vote of two-thirds of all the members elected to each house, as
106	106	provided by Section 39, Article III, Texas Constitution. If this
107	107	Act does not receive the vote necessary for immediate effect, this
108	108	Act takes effect September 1, 2009.
109	109	* * * * *