BILL ANALYSIS



S.B. 919
By: Cain (Place)
May 15, 1995
Committee Report (Unamended)


BACKGROUND

Car rental companies have a difficult time recovering their stolen
vehicles because most law enforcement agencies refuse to include
the vehicles on stolen vehicle reports published by those agencies,
even if the vehicles are not returned in a reasonable time period. 
More vehicles are recovered via stolen vehicles reports than by any
other means.

Section 31.04, Texas Penal Code, provides for substantial notice to
be sent by registered mail to a person who holds a vehicle beyond
a reasonable extension of the contract term.  Failure of the renter
to respond is authorization for the rental company to file a "theft
of services" complaint against the delinquent renter.  Failure to
respond to notices raises the presumption of theft of the vehicle. 
Often these circumstances arise from intentional thefts.

PURPOSE

As proposed, S.B. 919 requires enforcement agencies that publish
and distribute a stolen vehicle report to include vehicles that a
rental company has certified to the agency to be held in violation
of Section 31.04, Penal Code.  

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 Section 31.04, Penal Code, by adding Subsection
(f), to require police or any other report of stolen vehicles by a
political subdivision of this state to include any rental vehicles
whose renters have been shown to such reporting agency to be in
violation of Subsection (b)(2) and to indicate that the renting
agency has complied with the notice requirements demanding return.

SECTION 2. Emergency clause.
           Effective date: upon passage.

SUMMARY OF COMMITTEE ACTION

SB 919 was considered by the full committee in a formal meeting on
May 15, 1995.  SB 919 was reported favorably without amendment,
with the recommendation that it do pass and be printed and be sent
to the Committee on Local and Consent Calendars, by a record vote
of 7 ayes, 0 nays, 0 pnv, and 2 absent.