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Miscellaneous Expenditures — Transportation
Passenger Vehicles

Wheelbase and horsepower limitations

A state agency may not purchase or lease a passenger vehicle with a wheelbase longer than 113 inches or having more than 160 SAE net horsepower.

The vehicle may have a wheelbase of up to 116 inches or up to 280 SAE net horsepower, if the vehicle will be converted so it uses an alternative fuel.

Exceptions

This does not apply to the purchase or lease of a vehicle to be used primarily for criminal law enforcement, or the following vehicles:

  • Bus
  • Motorcycle
  • Pickup
  • Van
  • Truck
  • Three-wheeled vehicle
  • Tractor
  • Ambulance

This does not apply to vehicles acquired by the Texas Transportation Institute for the purpose of performing crash tests and related research.

Definitions:

Alternative fuel
  • Compressed natural gas
  • Liquefied natural gas
  • Liquefied petroleum gas
  • Methanol or methanol/gasoline blends of at least 85 percent
  • Ethanol or ethanol/gasoline blends of at least 85 percent
  • Biodiesel or biodiesel/diesel blends of at least 20 percent
  • Electricity, including electricity to power a plug-in hybrid motor vehicle (Govt Code 2158.003(a))
State agency
  • A department, commission, board, office or other agency in the executive branch of state government created by the state Constitution or a state statute
  • The Supreme Court, the Court of Criminal Appeals, a court of appeals or the Texas Judicial Council
  • A university system or an institution of higher education as defined by Texas Education Code Section 61.003, except a public junior college. (Govt Code 2151.002)

Sources [+]

Texas Government Code Sections 2151.002, 2158.002–2158.003(a).

Alternative fuels

Purchases

A state agency that operates a fleet of more than 15 vehicles may not purchase or lease a motor vehicle unless the vehicle is capable of using an alternative fuel.

Exceptions

This purchase or lease requirement does not apply to:

  • Law enforcement vehicles
  • Emergency vehicles
  • Vehicles acquired by the Texas Transportation Institute for the purpose of performing crash tests and related research
  • The Railroad Commission of Texas, except for the purchase or lease of a motor vehicle for use in a nonattainment area designated under Section 107(d) of the Federal Clean Air Act
  • A state agency that demonstrates it will incur net costs in meeting the requirements

Percentage Requirements

A state agency that operates a fleet of more than 15 motor vehicles must have a fleet of which at least 50 percent use an alternative fuel.

A state agency may meet the percentage requirements through the purchase of new vehicles or the conversion of existing vehicles, in accordance with federal and state requirements. Under certain conditions, the Comptroller’s Statewide Procurement Division (SPD) Office of Vehicle Fleet Management may reduce the percentage or waive the requirement.

The percentage requirement does not apply to:

  • Law enforcement vehicles
  • Emergency vehicles
  • Vehicles acquired by the Texas Transportation Institute for the purpose of performing crash tests and related research
  • A state agency that demonstrates it will incur net costs in meeting the requirements.

A state agency, including an institution of higher education, required to meet the percentage requirements may expend the funds appropriated by the General Appropriations Act (GAA) for meeting those requirements only if the agency purchases or converts a vehicle that uses the most cost-effective, fuel efficient and mechanically efficient alternative fuel source.

Definitions:

Alternative fuel
  • Compressed natural gas
  • Liquefied natural gas
  • Liquefied petroleum gas
  • Methanol or methanol/gasoline blends of at least 85 percent
  • Ethanol or ethanol/gasoline blends of at least 85 percent
  • Biodiesel or biodiesel/diesel blends of at least 20 percent
  • Electricity, including electricity to power a plug-in hybrid motor vehicle (Govt Code 2158.003(a))
Motor vehicle
Has the meaning assigned by Section 386.151 of the Health and Safety Code. (Govt Code 2158.001(4).
State agency
  • A department, commission, board, office or other agency in the executive branch of state government created by the state Constitution or a state statute
  • The Supreme Court, the Court of Criminal Appeals, a court of appeals or the Texas Judicial Council
  • A university system or an institution of higher education as defined by Texas Education Code Section 61.003, except a public junior college. (Govt Code 2151.002)

Sources [+]

Texas Government Code Section 2151.002, 2158.0013, 2158.002, 2158.004–2158.005(a), 2158.005(d)–(e), 2158.008; Article IX, Section 12.03 of the General Appropriations Act.

Commuting to work in a state-owned vehicle

An officer or employee of a state agency may not use a state-owned or state-leased motor vehicle except on official state business. A state agency may not use appropriated money to compensate an individual who violates this policy.

Exception

The administrative head of a state agency may authorize an officer or employee to use a state-owned or state-leased motor vehicle to commute to and from work when the administrative head determines it may be necessary to ensure that vital agency functions are performed. The name and job title of each individual authorized an exception and the reasons for the authorization must be included in the report required by Texas Government Accounting Procedures.

Definitions:

Appropriated money
Money appropriated by the Legislature through the GAA or other law. (Govt Code 2113.001(1))
State agency
  • A department, commission, board, office or other entity in the executive branch of state government
  • The Supreme Court, the Court of Criminal Appeals, another entity in the judicial branch of state government with statewide authority or a court of appeals
  • A university system or an institution of higher education as defined by Texas Education Code Section 61.003. (Govt Code 2113.013)

Sources [+]

Texas Government Code Sections 2113.001, 2113.013.

Documentation Requirements [+]

  1. A state agency must retain documentation in its files showing the agency’s compliance with the wheelbase and horsepower limitations and the alternative fuel requirements of the State Purchasing and General Services Act.
  2. A state agency must retain documentation in its files stating the use and providing a description of each vehicle purchased by the agency so it can be determined if the vehicle is an exempt vehicle.
  3. Comptroller object 7371 must be used when an exempt vehicle is purchased.
  4. Comptroller object 7372 must be used when a vehicle other than an exempt vehicle is purchased.