(a) Purpose. This rule establishes responsibilities for managing, assigning, and using the Texas Juvenile Justice Department (TJJD) vehicle fleet, as required by Texas Government Code §2171.1045. This rule also adopts certain procedures mandated in the Texas State Vehicle Fleet Management Plan.
(b) Definitions.
  (1) Fleet Manager--a TJJD employee who is responsible for day-to-day agency-wide fleet management.
  (2) Office of Vehicle Fleet Management (OVFM)--the program within the state comptroller's Texas Procurement and Support Services Division (TPASS) that developed, under the direction of the State Council on Competitive Government, the Texas State Vehicle Fleet Management Plan. The OVFM is responsible for managing the state vehicle reporting system and has authority to establish and to reduce an agency's fleet size.
(c) Vehicle Fleet Size.
  (1) TJJD complies with all purchasing restrictions as outlined in the Texas State Vehicle Fleet Management Plan.
  (2) TJJD complies with the current vehicle fleet size mandated by OVFM, except as noted in paragraph (3) of this subsection.
  (3) TJJD may request a waiver of the authorized vehicle fleet size from OVFM in cases of legislatively mandated program changes, federal program initiatives, or a documented need resulting from program growth or changes. In such cases, the waiver request must document the specific reason for the need to exceed the authorized vehicle fleet size.
(d) Motor Pools. TJJD forms statewide motor pools based on the primary function of each vehicle. Each agency vehicle is assigned within an agency motor pool at a specific location and made available for checkout for official duty purposes, except for individually assigned vehicles. Vehicles are rotated among locations and pools as necessary to meet utilization and efficiency criteria. Sub-pools may be formed at a location for more efficient management or utilization purposes.
(e) Individual Vehicle Assignments.
  (1) Only the executive director or his/her designee and the chief inspector general may assign state-owned vehicles on a permanent or daily basis to an individual staff member. These assignments may be made only with written documentation, signed by the executive director, stating that the assignment is critical to the needs and mission of the agency.
  (2) TJJD reports the following information to the OVFM as individual vehicle assignments occur:
    (A) the vehicle identification number, license plate number, year, make, and model;
    (B) the name and position of the individual to whom the vehicle is assigned, except law enforcement officers when reporting this information could jeopardize the individual's safety or security, as determined by the executive director or his/her designee and the chief inspector general; and
    (C) the reason the assignment is critical to the mission of the agency.
(f) General Fleet Requirements.
  (1) TJJD follows the general minimum mileage criteria for its fleet vehicles established by OVFM. The fleet manager, in coordination with the director responsible for facility business management, tracks mileage and rotates vehicles between locations or pools to meet minimum use criteria. As necessary and appropriate, the fleet manager may submit justification to OVFM for a waiver to retain vehicles that fail to meet minimum use criteria.
  (2) TJJD uses one or more of the state-contracted vendor cards for retail fuel dispensing services. Fuel cards are issued for specific vehicles, not for specific drivers. TJJD vehicles operating on gasoline must use regular unleaded gasoline unless specifically prohibited by manufacturer warranty or a recommendation in the owner's manual. TJJD employees must use self-service pumps when refueling at retail fueling stations.
  (3) TJJD establishes vehicle replacement goals based on the purpose, age, and mileage criteria published in the Texas State Vehicle Fleet Management Plan.
  (4) TJJD out-sources maintenance and repair of fleet vehicles unless it is demonstrated to be more cost-effective for agency staff to perform those functions. When feasible, TJJD seeks interagency agreements to obtain maintenance, repairs, and fuel.
  (5) TJJD disposes of vehicles identified as excess by the OVFM through the processes established by the Texas Facilities Commission's Surplus Property Division. TJJD must certify the successful disposal of excess vehicles within six months after notification from OVFM. Vehicles identified for disposal by OVFM are not eligible for replacement.
  (6) TJJD submits fleet data to OVFM based on the criteria and timetable established in the Texas State Vehicle Fleet Management Plan. TJJD maintains detailed supporting documentation for all reporting requirements.

Source Note: The provisions of this §385.9990 adopted to be effective June 6, 2001, 26 TexReg 3943; amended to be effective August 19, 2002, 27 TexReg 7552; amended to be effective December 14, 2003, 28 TexReg 11114; amended to be effective April 27, 2005, 30 TexReg 2402; amended to be effective September 1, 2010, 35 TexReg 7452; amended to be effective November 1, 2011, 36 TexReg 7359; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123