BILL ANALYSIS S.B. 919 By: Cain Criminal Justice 4-28-95 Committee Report (Amended) 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.