(a) A state agency may not purchase or lease a vehicle designed or used primarily for the transportation of persons, including a station wagon, that has a wheel base longer than 113 inches or that has more than 160 SAE net horsepower, except that the vehicle may have a wheel base of up to 116 inches or SAE net horsepower of up to 280 if the vehicle will be converted so that it is capable of using compressed natural gas or another alternative fuel that results in comparably lower emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide, or particulates. The wheel base and horsepower limitations prescribed by this subsection do not apply to the purchase or lease of a vehicle to be used primarily for criminal law enforcement or a bus, motorcycle, pickup, van, truck, three-wheel vehicle, tractor, or ambulance.     
      (b) Except as provided in subsections (c) and (d) of this section, after September 1, 1991, no motor vehicle may be purchased or leased for a state agency operating a fleet of more than 15 vehicles, excluding law enforcement and emergency vehicles, unless that vehicle is an alternative fuel vehicle.     
      (c) Requisitions for purchase or lease of vehicles after September 1, 1991, to a state agency operating a fleet of more than 15 vehicles, excluding law enforcement or emergency vehicles, will not be processed by the comptroller unless the requisition specifies an alternative fuel vehicle, or is accompanied by a request for waiver in accordance with §20.438 of this title (relating to Effective Waiver), or a current and valid waiver issued under that section is on file with the comptroller. If the requisition specifies an alternative fuel vehicle as a result of a conversion, it must contain certification as to the anticipated time after delivery that the conversion will be completed. The conversion must be completed prior to the vehicle being placed in service, unless hardship would result. In the case of potential undue hardship, the comptroller may approve use of the vehicle for one or more periods of 90 days following delivery before it is converted. A request for waiver submitted with a requisition will be referred to the division travel and transportation staff and will be granted or denied in accordance with §20.438 of this title.     
      (d) If a waiver is granted or is on file, the comptroller will process the purchase requisition without undue delay. If a waiver request is denied, the comptroller will return the requisition to the agency without further processing.     
      (e) In accordance with Government Code, §2158.0031, a state agency authorized to purchase passenger vehicles or other ground transportation vehicles for general use shall purchase economical, fuel-efficient vehicles assembled in the United States unless such a purchase would have a significant detrimental effect on the use to which the vehicles will be put.     
     Source Note:        The provisions of this §20.235 adopted to be effective January 24, 2017, 42 TexReg 234