BILL ANALYSIS H.B. 2845 By: Counts (Cain) State Affairs 05-22-95 Senate Committee Report (Unamended) BACKGROUND In the State of Texas, 125,000 auto thefts were committed in 1993. The cost to citizens, based on an insurance average of $4,713 per vehicle, exceeds $590 million. Criminal investigations have shown that some people dealing in stolen parts can make between $30,000 and $300,000 a month. Since the inception of the Automobile Theft Prevention Authority (ATPA), there has been a reduction in vehicle theft. However, current law does not clearly state the statutory powers of ATPA. PURPOSE As proposed, H.B. 2845 provides for the powers, functions, authority, and duties of the Automobile Theft Prevention Authority. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 4413(37), Title 70, V.T.C.S., as follows: Art. 4413(37). AUTOMOBILE THEFT PREVENTION AUTHORITY Sec. 1. DEFINITIONS. Makes no change. Sec. 2. ESTABLISHMENT OF AUTHORITY. Establishes the Automobile Theft Prevention Authority (authority) in the Texas Department of Transportation (department), rather than in the criminal justice division of the governor's office. Provides that the authority is not an advisory body to the department. Requires the department, at the direction of the authority, to implement authority decisions. Sec. 3. APPOINTMENT OF AUTHORITY. Makes no change. Sec. 4. EXPENSES. Makes no change. Sec. 5. OFFICERS; MEETINGS. Makes no change. Sec. 6. POWERS AND DUTIES. (a)-(b) Make no change. (c) Makes conforming changes. (d) Makes no change. (e) Authorizes the authority to contract for various services with other state agencies as needed to carry out its purposes, powers, and duties. Authorizes the authority to enter into contracts in its own name and on its own behalf. Sec. 6A. POWER TO REFUND. (a) Authorizes the authority to make determinations regarding the sufficiency of payments made by an insurer of fees collected pursuant to Section 10 of this article. (b) Sets forth authorized actions for the authority in making determinations. (c) Sets forth requirements for the authority in making determinations under Subsection (b) of this section. (d) Requires determinations made under this section to be performed in accordance with procedures set forth in rules adopted by the Automobile Theft Prevention Authority. Provides that the question of eligibility for a refund is not a contested case within the meaning of the Chapter 2001, Government Code (Administrative Procedure Act). (e) Provides that this section applies to requests that are or have been submitted to the authority on or after the effective date of this section. Sec. 7. PLAN OF OPERATION. Makes no change. Sec. 8. AUTOMOBILE THEFT PREVENTION FUND. Makes no change. Sec. 9. AUTOMOBILE REGISTRATION PROGRAM. Makes no change. Sec. 10. FEE. Requires each insurer, no later than March 1, rather than February 1, of each year to pay a certain fee to the authority. Requires the comptroller, if the authority is abolished under Section 12 of this article or otherwise, to deposit to the general revenue fund any money that is in the automobile theft prevention fund on the date that the authority is abolished. Sec. 11. PERFORMANCE REVIEW. Deletes existing Subsections (c) and (d). Sec. 12. SUNSET PROVISION. Subjects the Automobile Theft Prevention Authority to Chapter 325, Government Code (Texas Sunset Act). Provides that unless continued in existence as provided by that chapter, the authority is abolished and this article expires September 1, 1997. SECTION 2. Emergency clause. Effective date: upon passage.