By: Hodge, Madden (Senate Sponsor - Hegar) H.B. No. 2097
(In the Senate - Received from the House April 27, 2009;
May 1, 2009, read first time and referred to Committee on
Government Organization; May 23, 2009, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 23, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2097 By: Hegar
A BILL TO BE ENTITLED
AN ACT
relating to the personal and official use of state vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2113.013, Government Code, is amended by
adding Subsections (b-1), (d), (e), (f), (g), (h), and (i) to read
as follows:
(b-1) An officer or employee of a state agency who is
authorized to use a state-owned or state-leased motor vehicle under
Subsection (b) shall reimburse the state for the officer's or
employee's personal use mileage accumulated on the vehicle,
including mileage resulting from commuting to and from the
officer's or employee's residence. The officer or employee must
submit the reimbursement to the state agency not later than the 60th
day after the last day of the month in which the officer or employee
accumulates personal use mileage.
(d) The comptroller shall establish guidelines for a state
agency officer or employee who is authorized to use a state-owned or
state-leased motor vehicle under Subsection (b) to reimburse the
state for the officer's or employee's personal use of the vehicle at
the state mileage reimbursement rate established as provided by
Section 660.042. The guidelines must include:
(1) standards for submission of personal use
information to the state agency;
(2) a requirement that the officer or employee
maintain a point-by-point mileage log for the vehicle, except as
provided by Subsection (h); and
(3) procedures for the officer or employee to follow
to reimburse the state for the officer's or employee's personal use
of the vehicle.
(e) Except as provided by Subsection (h), a state agency
that authorizes a state agency officer or employee to use a
state-owned or state-leased motor vehicle under Subsection (b)
shall adopt the guidelines established by the comptroller under
Subsection (d).
(f) Not later than December 31 of each year, the comptroller
shall submit a report to the presiding officers of both houses of
the legislature on the personal use of state-owned or state-leased
motor vehicles by state agency officers and employees. The report
must include:
(1) the total personal use miles attributable to each
state agency; and
(2) an accounting of reimbursements made to a state
agency under Subsection (b-1).
(g) The comptroller may require the installation of global
positioning devices in all motor vehicles purchased or leased by
the state. The comptroller shall modify the guidelines established
under Subsection (d) as necessary to make use of the devices.
(h) A peace officer or other law enforcement officer who is
authorized to use a state-owned or state-leased motor vehicle under
Subsection (b) and whose primary duty is to patrol an established
area is not required to log personal use mileage. A state agency
officer or employee who is authorized to use a state-owned or
state-leased motor vehicle under Subsection (b) and who performs
functions vital to law enforcement or public safety as determined
by the administrative head of the agency is not required to log
personal use mileage or to reimburse the state under Subsection
(b-1).
(i) Subsection (b-1) does not apply to an individual who has
been commissioned as:
(1) a peace officer by the Public Safety Commission or
the director of the Department of Public Safety;
(2) a peace officer by the executive director of the
Parks and Wildlife Department;
(3) an inspector or representative by the Texas
Alcoholic Beverage Commission or the administrator of the Texas
Alcoholic Beverage Commission; or
(4) an employee of the office of the attorney general
who is assigned to a division that involves law enforcement.
SECTION 2. Section 2203.001, Government Code, is amended by
amending Subsection (c) and adding Subsections (c-1) and (c-2) to
read as follows:
(c) A report filed under this section must show:
(1) the purpose for which the vehicle was used;
(2) the mileage traveled, including a detailed
point-by-point accounting of the mileage between stops and the
purpose for each stop except as provided by Section 2113.013(h);
(3) the amounts of gasoline and oil consumed;
(4) the passengers carried; and
(5) other information necessary to a proper record of
the use of the vehicle.
(c-1) A state agency that uses state-owned or state-leased
vehicles for undercover or security purposes may develop a
code-based system to identify locations for the purposes of this
section.
(c-2) An individual described by Section 2113.013(i) is not
required to include in a report filed under this section a detailed
point-by-point accounting of the mileage between stops and the
purpose for each stop.
SECTION 3. The comptroller shall adopt the guidelines
required by Section 2113.013(d), Government Code, as added by this
Act, as soon as possible. The guidelines must take effect not later
than September 1, 2009, and apply to a state agency on or after
September 1, 2009.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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