1. (a) Purpose. The purpose of this policy is to establish the authority and responsibility for management and operation of the Texas Youth Commission (TYC) vehicle fleet and to adopt the rules and procedures mandated in the State Comptroller's Texas Procurement and Support Services Division (TPASS) Office of Vehicle Fleet Management's (OVFM) State Vehicle Fleet Management Plan in accordance with §2171.104, Government Code.

2. (b) Definitions.

   1. (1) Fleet Manager--a TYC employee in the Central Office Support Services Department who is responsible for day-to-day agency-wide fleet management. Responsibilities include guidance to Central Office and field fleet motor pool operations and maintenance, data collection and reporting, and acting as the central point of contact with the TPASS OVFM.
   2. (2) Office of Vehicle Fleet Management (OVFM)--the primary office at the TPASS that developed, under direction of the Council on Competitive Government, the State Vehicle Fleet Management Plan and is responsible for the development and implementation of actions for improving administration and operation on the state's vehicle fleet. The OVFM has the authority to review agencies' vehicle utilization and receive data relative to agencies' fleet operations and maintenance. It has ultimate authority to establish and also to reduce an agency's vehicle authorization levels based on defined utilization criteria.
   3. (3) Vehicle Control Officer (VCO)--a TYC employee responsible for managing the assigned vehicle fleet at each agency location and acting as liaison with the agency fleet manager. In Central Office, the fleet manager is the VCO. In TYC regions, the finance/business chief local administrator is the VCO.
   4. (4) Vehicle Utilization Monitoring Group--a special TYC group appointed by the executive director or his/her designee and chaired by the chief financial officer with cross-functional members that represent significant staff user groups and business staff to oversee development and implementation of TYC fleet management policy, and make recommendations to executive management relative to agency vehicle fleet matters such as vehicle authorization levels, purchasing, and replacement.
   5. (5) Mission Critical Vehicles--the vehicles assigned to individuals identified as critical to the needs and mission of the agency.
   6. (6) Administrative Support Vehicles--the vehicles assigned to agency locations, including sedans and vans that are used to transport staff to training, meetings, and other specific off-site staff responsibilities.
   7. (7) Maintenance and Supply Vehicles--the assigned trucks and cargo vans used for the conduct of the basic logistics support (maintenance, supply, purchasing, delivery, etc.) function.

3. (c) Fleet Management Structure.

   1. (1) The TYC executive director or his/her designee will provide executive-level oversight and support and serve as the final approval authority for major vehicle fleet decisions relative to policy, authorization levels, and appropriations requests based on the recommendations of the TYC Vehicle Utilization Monitoring Group and agency fleet manager.
   2. (2) The fleet manager, in coordination with the Vehicle Utilization Monitoring Group, will make allocation, distribution, purchasing, replacement, repair, and disposal decisions/recommendations to the executive director or his/her designee as appropriate. In consultation with the director responsible for facility business management, the fleet manager will coordinate the rotation of authorized vehicles between agency locations based on mission and utilization requirements.
   3. (3) VCOs are responsible for ensuring maintenance and repair of vehicles, scheduling use of motor pool vehicles, collecting and reporting fleet data, securing and issuing keys and fuel cards and documenting return of same.
4. (d) Vehicle Fleet Size. TYC will comply with all purchasing restrictions as outlined in the State Vehicle Fleet Management Plan. TYC will not exceed the current vehicle fleet size that is mandated by OVFM, except in cases of legislatively mandated program changes, federal program initiatives, or documented need resulting from program growth or changes that would increase the authorized fleet size. The fleet manager must certify in writing to OVFM any vehicles purchased due to legislatively mandated program changes, federal program initiatives, or need resulting from program growth or changes. All such waiver requests must be received in writing from the executive director or his/her designee and documentation must fully specify the mandate or need to exceed the vehicle cap.

5. (e) Explanation of Motor Pool.

   1. (1) TYC will form statewide motor pools based on the primary function or utilization of each vehicle. Each agency vehicle will be assigned within an agency motor pool at a specific location and made available for checkout for official duty purposes where applicable. Each agency location will be authorized a specific number of vehicles within each designated utilization pool based on relative size or unique mission requirements. Vehicles will be 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. The following statewide pools will be formed.

      1. (A) Mission Critical Vehicles. The executive director or his/her designee and the chief inspector general will assign vehicles to individual agency staff only after a written determination is made that the assignment is critical to the needs and mission requirements of the agency. No personal use of these vehicles is authorized other than commuting or de minimis use (such as a stop for personal errand on the way between a business delivery and the employee's home) while commuting. TYC will report to the OVFM the information required by the State Vehicle Fleet Management Plan on each vehicle as individual assignments occur. TYC maintains specific policy and procedural requirements regarding individual state vehicle assignments in the agency's personnel manual.

      2. (B) Administrative Support Vehicles.

         1. (i) Pool vehicles will be made available for employee checkout as needed with local responsibility for prioritizing their use in the event of conflicting requirements. Administrative vehicle utilization can be augmented with leased or rental vehicles within mission and budget requirements.
         2. (ii) When needs exceed availability, the vehicle control officer will provide consultation regarding the "best value" between using pool vehicles, rental vehicles, and/or personal reimbursement. Employees cannot be required to use their personal vehicles for state business.
      3. (C) Maintenance and Supply Vehicles. All agency locations are encouraged to minimize the requirements for registered motor vehicles and place more reliance on low speed utility vehicles. Cargo vans and trucks are used for maintenance and supply functions. Vehicles are equipped and assigned specifically for these functions.
      4. (D) Student Security and Client Support Vehicles. Passenger vans are used in conjunction with the campus security or youth transport functions. Statewide youth transportation vehicles will be part of this pool. Vehicles will be outfitted with security enclosures where needed.
      5. (E) Special Requirements Vehicles. Heavy equipment or special purpose vehicles, to include trailers, are specifically authorized at some TYC locations because of unique circumstances or need.
      6. (F) Law Enforcement Vehicles. Vehicles are authorized for use by the TYC Office of Inspector General (OIG) for law enforcement purposes. This pool of vehicles is not available for other purposes, such as student transport or use by non-OIG staff members.

   2. (2) Individual Vehicle Assignments. The executive director or his/her designee and the chief inspector general may assign state owned vehicles to an individual only with written documentation that the assignment is critical to the needs and mission of the agency. The following information must be reported to the OVFM as individual assignments occur:

      1. (A) vehicle identification number, license plate number, year, make, and model;
      2. (B) name and position of the individual to whom it is assigned, except law enforcement officers when this reporting could jeopardize the individual's security, as determined by the executive director or his/her designee and the chief inspector general; and
      3. (C) reason the assignment is critical to the mission of the agency.
   3. (3) TYC will establish and maintain the general minimum mileage criteria for its pooled vehicles based on the guidelines provided by OVFM. The fleet manager, in coordination with the director responsible for facility business management, will track utilization and initiate actions to rotate vehicles between locations or pools to meet minimum utilization criteria. The fleet manager will assist the VCOs as necessary in identifying unique requirements and justification for specific other minimum use criteria for OVFM consideration and waiver. The fleet manager will provide responses and justification to OVFM within 30 days of receipt of the semi-annual vehicle utilization reports.
   4. (4) TYC will use one or more of the state contracted vendor cards for retail fuel dispensing services. Fuel cards will be issued for specific vehicles, not specific drivers. Unless specifically prohibited by manufacturer warranty or recommendations, all TYC vehicles operating on gasoline shall use regular unleaded gasoline. TYC employees will use self-service islands when refueling at retail fueling stations.
   5. (5) TYC will establish vehicle replacement goals based on the purpose, age and mileage criteria published in the OVFM State Vehicle Fleet Management Plan.
   6. (6) TYC will out-source maintenance and repair of fleet assets unless it is demonstrated to be more economical to perform those functions in-house. TYC will seek interagency agreements to obtain maintenance, repairs, and fuel where feasible.
   7. (7) TYC may dispose of vehicles identified as excess by the OVFM through the Texas Facilities Commission (TFC) Surplus Property Division process or through other approved surplus property disposal processes. TYC must certify the successful disposal of vehicles identified as excess vehicles by OVFM within six months from notification. Vehicles identified for disposal by OVFM are not eligible for replacement.
   8. (8) TYC will capture and submit, through the fleet manager, fleet data to OVFM based on the criteria and timetable established in the State Vehicle Fleet Management Plan. TYC will maintain detailed supporting documentation for all reporting requirements. TYC will use the standardized vehicle-reporting log developed by OVFM unless a different form is specifically approved by OVFM.
   9. (9) The fleet manager will collect, compile and report the data for the annual Fleet Operations Indirect Costs report to TPASS based on data provided by the VCOs.

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.