SRC-HRD H.B. 1387 75(R)BILL ANALYSIS
Senate Research CenterH.B. 1387
By: Gray (Armbrister)
State Affairs
5-1-97
Committee Report (Amended)
DIGEST
The Automobile Theft Prevention Authority (authority) was created in 1991
by the 72nd Legislature. The authority is responsible for establishing a
statewide effort to reduce vehicle theft and the resulting economic loss,
which the authority has primarily done by providing financial support to
local law enforcement agencies for automobile theft enforcement teams.
The authority has three primary duties: public education, grant
administration, and grant review and monitoring. To carry out these
duties and award grants, the authority had a budget of $17.5 million and
seven employees for fiscal year 1996. The $17.5 million includes
unexpended balances from previous years.
The authority is subject to the Sunset Act and will be abolished September
1, 1997, unless continued by the legislature. As a result of its review,
the Sunset Advisory Commission recommended continuation and several
statutory modifications that are contained in this legislation.
PURPOSE
As proposed, H.B. 1387 provides for the continuation of the Automobile
Theft Prevention Authority (authority) within the Texas Department of
Transportation (department), removes the agency from separate sunset
review, and makes other statutory modifications. The modifications
proposed by this bill:
1) clarify the relationship between the authority and department by
removing the authority's authority to employ and compensate staff and by
specifying that the authority may use only department staff and that the
authority be provided services only by or through the department;
2) set a cap of eight percent on the authority's administrative
expenditures;
3) require automobile insurers to pay the authority assessment twice a
year rather than once a year;
4) require the authority to contract with the attorney general at an
agreed cost for the use and enhancement of existing computer equipment to
investigate, apprehend, and prosecute automobile thieves;
5) specify that a request by an insurance company for a refund of the
authority assessments is valid regardless of the date the assessment was
paid or the request was made; and
6) provide for other changes.
RULEMAKING AUTHORITY
This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 1, Article 4413(37), V.T.C.S., by adding
Subdivisions (3) and (4), to define "department" and "director."
SECTION 2. Amends Section 2, Article 4413(37), V.T.C.S., to set forth
standard sunset language regarding establishment of authority.
SECTION 3. Amends Section 3, Article 4413(37), V.T.C.S., by amending
Subsections (d), (f), and (h) and adding Subsections (i), (j), (k), and
(l), to set forth standard sunset language regarding disability, ground
for removal, spouse registration, Texas trade associations, lobbyists, and
qualifications for office.
SECTION 4. Amends Section 5, Article 4413(37), V.T.C.S., to set forth
standard sunset language regarding the designation of the presiding
officer, the completion of training, and reimbursement for travel
expenses.
SECTION 5. Amends Section 6, Article 4413(37), V.T.C.S., to set forth
standard sunset language regarding contracting, the personnel and
services, policymaking responsibilities, public opportunity to appear
before the authority, and financial reports.
SECTION 6. Amends Section 6A(b), Article 4413(37), V.T.C.S., to authorize
the Automobile Theft Prevention Authority (authority) to request the
comptroller to draw warrants on the funds available to the authority for
the purpose of refunding monies to an insurer, rather than to draw
warrants on the automobile theft prevention fund for the purpose of
refunding monies to an insurer.
SECTION 7. Amends Section 8, Article 4413(37), V.T.C.S., as follows:
Sec. 8. New heading: USE OF APPROPRIATED FUNDS. Requires money
appropriated to the Texas Department of Transportation (department) for
authority purposes to be used by the authority to pay the department for
administrative costs and to achieve the purpose of this article. Deletes
text providing that the automobile theft prevention fund is an account in
the state treasury. Deletes existing Subsections (b)-(d). Sets forth
provisions regarding administrative expenses of the authority and cost of
personnel and services provided to the authority.
SECTION 8. Amends Section 9(g), Article 4413(37), V.T.C.S., to delete a
provision requiring money collected by the department to be deposited to
the credit of the automobile theft prevention fund.
SECTION 9. Amends Section 10(b), Article 4413(37), V.T.C.S., effective
August 1, 1998, to require an insurer to pay to the authority a fee equal
to $1 multiplied by the total number of motor vehicle years of insurance
for insurance policies delivered, issued for delivery, or renewed by the
insurer, by a certain deadline.
SECTION 10. Repealers: Sections 6A(e), 10(e), and 12, Article 4413(37),
V.T.C.S. (Requests Power to Refund; Fee - If the Authority is Abolished;
Sunset Provision).
SECTION 11. Sets forth provisions regarding the request for a refund of
authority assessments.
SECTION 12. Makes application of this Act prospective.
SECTION 13. Effective date: September 1, 1997.
SECTION 14. Emergency clause.
SUMMARY OF COMMITTEE CHANGES
Amendment 1.
Page 4, line 16, through page 5, line 14, strike proposed Subsections (c)
and (d), and insert new Subsections (c), (d), and (e).
Page 6, line 26, through page 7, line 4, strike SECTION 7 and renumber
subsequent SECTIONS.