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.