CHAPTER 2171. TRAVEL AND VEHICLE FLEET SERVICES

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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.

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.

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.

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.

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.

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.

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.

(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.

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.

State Codes and Statutes

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