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.