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.