H.B. No. 2845
    1-1                                AN ACT
    1-2  relating to the powers, functions, authority, and duties of the
    1-3  Automobile Theft Prevention Authority.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 4413(37), Title 70, Revised Statutes, is
    1-6  amended to read as follows:
    1-7        Art. 4413(37).  Automobile theft prevention authority
    1-8        Sec. 1.  Definitions.  In this article:
    1-9              (1)  "Authority" means the Automobile Theft Prevention
   1-10  Authority.
   1-11              (2)  "Economic automobile theft" means automobile theft
   1-12  committed for financial gain.
   1-13        Sec. 2.  Establishment of authority.  The Automobile Theft
   1-14  Prevention Authority is established in the Texas Department of
   1-15  Transportation.  The authority is not an advisory body to the Texas
   1-16  Department of Transportation.  The Texas Department of
   1-17  Transportation shall, at the direction of the authority, implement
   1-18  authority decisions <criminal justice division of the governor's
   1-19  office>.
   1-20        Sec. 3.  Appointment of authority.  (a)  The authority is
   1-21  composed of seven members.
   1-22        (b)  The governor, with the advice and consent of the senate,
   1-23  shall appoint the following six members:
   1-24              (1)  two representatives of motor vehicle insurance
    2-1  consumers;
    2-2              (2)  two representatives of insurance companies writing
    2-3  motor vehicle insurance in this state; and
    2-4              (3)  two representatives of law enforcement.
    2-5        (c)  The director of the Department of Public Safety or the
    2-6  director's designee serves ex officio as the seventh member of the
    2-7  authority.
    2-8        (d)  Appointments to the authority shall be made without
    2-9  regard to race, color, handicap, sex, religion, age, or national
   2-10  origin of the appointees.
   2-11        (e)  The six members of the authority appointed by the
   2-12  governor serve staggered six-year terms, with the terms of two
   2-13  members expiring February 1 of each odd-numbered year.  If there is
   2-14  a vacancy during a term, the governor shall appoint a replacement
   2-15  who meets the requirements of the vacant office to fill the
   2-16  unexpired term.
   2-17        (f)  It is a ground for removal from the authority if a
   2-18  member:
   2-19              (1)  does not have at the time of appointment the
   2-20  qualifications required by Subsection (b) of this section;
   2-21              (2)  does not maintain during service on the authority
   2-22  the qualifications required by Subsection (b) of this section;
   2-23              (3)  cannot discharge the member's duties for a
   2-24  substantial part of the term for which the member is appointed
   2-25  because of illness or disability; or
   2-26              (4)  is absent from more than half of the regularly
   2-27  scheduled authority meetings that the member is eligible to attend
    3-1  during a calendar year unless the absence is excused by majority
    3-2  vote of the authority.
    3-3        (g)  The validity of an action of the authority is not
    3-4  affected by the fact that it is taken when a ground for removal of
    3-5  a member of the authority exists.
    3-6        (h)  If the chairman has knowledge that a potential ground
    3-7  for removal exists, the chairman shall notify the governor of that
    3-8  fact.
    3-9        Sec. 4.  Expenses.  A member of the authority is not entitled
   3-10  to compensation but is entitled to reimbursement for expenses
   3-11  incurred in performing the member's duties at the rate provided in
   3-12  the General Appropriations Act.
   3-13        Sec. 5.  Officers; meetings.  (a)  At the first meeting of
   3-14  each calendar year, the authority shall elect a chairman from its
   3-15  members.
   3-16        (b)  The authority shall meet at the call of the chairman or
   3-17  at the call of four members.
   3-18        Sec. 6.  Powers and duties.  (a)  The authority shall adopt
   3-19  rules to implement its powers and duties.
   3-20        (b)  The authority may solicit and accept gifts and grants.
   3-21        (c)  The authority may employ and compensate staff in
   3-22  coordination with the Texas Department of Transportation, and may
   3-23  delegate authority to the staff as needed <as provided by
   3-24  legislative appropriation or may use staff provided by the
   3-25  governor's office>.
   3-26        (d)  Not later than April 1 of each year, the authority shall
   3-27  report on its activities to the lieutenant governor and the speaker
    4-1  of the house of representatives.
    4-2        (e)  The authority may contract for various services with
    4-3  other state agencies as needed to carry out its purposes, powers,
    4-4  and duties.  These services may include, but are not limited to,
    4-5  legal services, fiscal services, administrative services, and
    4-6  personnel services.  The authority may enter into contracts in its
    4-7  own name and on its own behalf.
    4-8        Sec. 6A.  POWER TO REFUND.  (a)  The authority may make
    4-9  determinations regarding the sufficiency of payments made by an
   4-10  "insurer" (as defined under Section 10 of this article) of fees
   4-11  collected pursuant to Section 10 of this article.
   4-12        (b)  Pursuant to such determination, the authority may:
   4-13              (1)  notify the comptroller that payments made by an
   4-14  insurer are sufficient;
   4-15              (2)  request the comptroller to draw warrants on the
   4-16  automobile theft prevention fund for the purpose of refunding
   4-17  monies to an insurer.
   4-18        (c)  The authority shall make the determination under
   4-19  Subsection (b) of this section as follows:
   4-20              (1)  the two members of the authority who are
   4-21  representatives of insurance companies writing motor vehicle
   4-22  insurance in this state shall recuse themselves;
   4-23              (2)  the remaining five members of the authority shall
   4-24  make the determination by a simple majority vote.
   4-25        (d)  Determinations made under this section shall be
   4-26  performed in accordance with procedures set forth in rules adopted
   4-27  by the Automobile Theft Prevention Authority.  The question of
    5-1  eligibility for a refund is not a contested case within the meaning
    5-2  of the Administrative Procedure Act (Chapter 2001, Government
    5-3  Code).
    5-4        (e)  This Section 6A applies to requests that are or have
    5-5  been submitted to the authority on or after the effective date of
    5-6  this Section 6A.
    5-7        Sec. 7.  Plan of operation.  (a)  The authority shall develop
    5-8  and implement a plan of operation.
    5-9        (b)  The plan of operation must include:
   5-10              (1)  an assessment of the scope of the problems of
   5-11  automobile theft and economic automobile theft, including
   5-12  particular areas of the state where the problems are greatest;
   5-13              (2)  an analysis of various methods of combating the
   5-14  problems of automobile theft and economic automobile theft;
   5-15              (3)  a plan for providing financial support to combat
   5-16  automobile theft and economic automobile theft; and
   5-17              (4)  an estimate of the funds required to implement the
   5-18  plan of operation.
   5-19        Sec. 8.  Automobile theft prevention fund.  (a)  The
   5-20  automobile theft prevention fund is an account in the state
   5-21  treasury.
   5-22        (b)  The treasurer shall administer the fund and may invest
   5-23  the fund in the same manner as other state funds.
   5-24        (c)  The comptroller shall deposit to the credit of the fund
   5-25  any gift or grant of money accepted by the authority and money
   5-26  collected under Sections 9 and 10 of this article.  The comptroller
   5-27  shall draw warrants on the fund at the request of the authority,
    6-1  except that a warrant may not exceed the amount in the fund.
    6-2        (d)  Interest or income on amounts deposited in the
    6-3  automobile theft prevention fund shall be credited to the fund.
    6-4        (e)  Money credited to the fund shall be used by the
    6-5  authority to pay administrative costs and to achieve the purposes
    6-6  of this article, including:
    6-7              (1)  establishing and funding the automobile
    6-8  registration program required by Section 9 of this article;
    6-9              (2)  providing financial support to law enforcement
   6-10  agencies for economic automobile theft enforcement teams;
   6-11              (3)  providing financial support to law enforcement
   6-12  agencies, local prosecutors, judicial agencies, and neighborhood,
   6-13  community, business, and nonprofit organizations for programs
   6-14  designed to reduce the incidence of economic automobile theft;
   6-15              (4)  conducting educational programs designed to inform
   6-16  automobile owners of methods of preventing automobile theft;
   6-17              (5)  providing equipment, for experimental purposes, to
   6-18  assist automobile owners in preventing automobile theft; and
   6-19              (6)  establishing a uniform program to prevent stolen
   6-20  motor vehicles from entering Mexico.
   6-21        Sec. 9.  Automobile registration program.  (a)  The authority
   6-22  shall develop a statewide automobile registration program to be
   6-23  administered by the Department of Public Safety.
   6-24        (b)  The authority shall identify a period of the day during
   6-25  which most automobiles are not used.  An owner of an automobile
   6-26  that does not usually use the automobile during that period may
   6-27  register the automobile with the Department of Public Safety in
    7-1  accordance with the program developed by the authority.
    7-2        (c)  The authority shall develop a form for registration of
    7-3  an automobile under the program.  The form shall advise the owner
    7-4  of the automobile of the provisions of Subsection (f) of this
    7-5  section.  An automobile may not be registered under the program
    7-6  unless the owner consents to the provisions of Subsection (f) of
    7-7  this section.
    7-8        (d)  The program must provide a method for an owner to
    7-9  withdraw an automobile from the program.  The program may not
   7-10  require owners of automobiles to participate in the program.
   7-11        (e)  The department shall issue to the owner of an automobile
   7-12  registered under this section a decal or other appropriate
   7-13  identifying marker to be affixed to the automobile to indicate that
   7-14  the automobile is registered with the program.
   7-15        (f)  A peace officer who observes a registered automobile
   7-16  that is being operated during the period of the day identified by
   7-17  the authority under Subsection (b) of this section may stop the
   7-18  automobile to determine whether the automobile is being operated by
   7-19  the owner or with the owner's permission.
   7-20        (g)  The Department of Public Safety shall adopt rules to
   7-21  administer the program and shall adopt fees in an amount sufficient
   7-22  to recover the cost of administering the program.  Money collected
   7-23  by the department under this subsection shall be deposited to the
   7-24  credit of the automobile theft prevention fund.
   7-25        Sec. 10.  Fee.  (a)  In this section:
   7-26              (1)  "Insurer" means any insurance company writing any
   7-27  form of motor vehicle insurance in this state, including an
    8-1  interinsurance or reciprocal exchange, mutual company, mutual
    8-2  association, or Lloyd's plan.
    8-3              (2)  "Motor vehicle years of insurance" means the total
    8-4  number of years or portions of years during which a motor vehicle
    8-5  is covered by insurance.
    8-6        (b)  Not later than March <February> 1 of each year, each
    8-7  insurer shall pay to the authority a fee equal to $1 multiplied by
    8-8  the total number of motor vehicle years of insurance for insurance
    8-9  policies delivered, issued for delivery, or renewed by the insurer
   8-10  during the preceding calendar year.
   8-11        (c)  The fee imposed by this section is in addition to any
   8-12  other fee or tax imposed by law on an insurer.
   8-13        (d)  The authority shall notify the State Board of Insurance
   8-14  of any insurer that fails to pay the fee required by this section,
   8-15  and the board may for that reason revoke the insurer's certificate
   8-16  of authority.
   8-17        (e)  If the authority is abolished under Section 12 of this
   8-18  article or otherwise, the comptroller shall deposit to the general
   8-19  revenue fund any money that is in the automobile theft prevention
   8-20  fund on the date that the authority is abolished.
   8-21        Sec. 11.  Performance review.  (a)  In this section,
   8-22  "automobile theft rate" means the ratio of automobile thefts in
   8-23  this state to the number of automobiles in this state.  The ratio
   8-24  shall be based on statistical information provided by the
   8-25  Department of Public Safety's uniform crime reporting division.
   8-26        (b)  The authority shall determine the automobile theft rate
   8-27  as of the date a majority of the members of the authority are
    9-1  appointed and have qualified for office and shall report the rate
    9-2  to the lieutenant governor and the speaker of the house of
    9-3  representatives.  The report required by this subsection shall be
    9-4  made not later than 30 days after the date on which a majority of
    9-5  the initial members of the authority are appointed and have
    9-6  qualified for office.
    9-7        <(c)  Not later than August 1, 1997, the authority shall
    9-8  determine the automobile theft rate as of July 1, 1997, and shall
    9-9  report the rate to the lieutenant governor and the speaker of the
   9-10  house of representatives.  If the rate is larger than the rate
   9-11  established by the authority under Subsection (b) of this section,
   9-12  the authority is abolished and contracts entered into by the
   9-13  authority terminate effective August 31, 1997.>
   9-14        <(d)  If the authority is abolished under Subsection (c) of
   9-15  this section, the comptroller shall deposit to the general revenue
   9-16  fund any money that is in the automobile theft prevention fund on
   9-17  the date that the authority is abolished.>
   9-18        Sec. 12.  SUNSET PROVISION.  The Automobile Theft Prevention
   9-19  Authority is subject to Chapter 325, Government Code (Texas Sunset
   9-20  Act).  Unless continued in existence as provided by that chapter,
   9-21  the authority is abolished and this article expires September 1,
   9-22  1997.
   9-23        SECTION 2.  The importance of this legislation and the
   9-24  crowded condition of the calendars in both houses create an
   9-25  emergency and an imperative public necessity that the
   9-26  constitutional rule requiring bills to be read on three several
   9-27  days in each house be suspended, and this rule is hereby suspended,
   10-1  and that this Act take effect and be in force from and after its
   10-2  passage, and it is so enacted.