SRC-JFA S.B. 355 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 355
By: Armbrister
State Affairs
3-21-97
As Filed


DIGEST 

Currently, the Automobile Theft Prevention Act (ATPA), created in 1991 by
the 72nd Legislature, is subject to the Sunset Act and will be abolished
September 1, 1997, unless continued by the legislature.  ATPA is
responsible for establishing a statewide effort to reduce vehicle theft
and the resulting economic losses.  The Sunset Advisory Commission has
recommended continuation of ATPA and several statutory modifications to
the guidelines set forth in regard to ATPA.  This bill would continue ATPA
within the Texas Department of Transportation, remove ATPA from separate
sunset review, and make modifications in regard to the guidelines of ATPA.
  
PURPOSE

As proposed, S.B. 355 continues the Automobile Theft Prevention Authority
(ATPA) within the Department of Transportation, removes ATPA from separate
Sunset review, and makes modifications in regard to the guidelines of
ATPA.   

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 3, Article 4413(37), V.T.C.S., by amending
Subsections (d), (f), and (h), and by adding Subsections (i), (j), (k),
and (l), to update standard language developed by the Sunset Commission in
regard to the replacement of "handicap" with "disability."  Updates
standard language developed by the Sunset Commission in regard to removal
of a member of the Automobile Theft Prevention Authority (ATPA).  Updates
standard language developed by the Sunset Commission in regard to
notification of a potential ground for removal.  Adds standard language
developed by Sunset Commission in regard to persons being prohibited from
being appointed as a representative of motor vehicle insurance consumers
under this section.  Adds standard language developed by the Sunset
Commission in regard  to Texas trade associations.  Adds standard language
developed by the Sunset Commission in regard to prohibiting lobbyists from
serving as a member of ATPA or acting as the general counsel of ATPA.
Adds standard language developed by the Sunset Commission in regard to
members' qualifications for office and standards of conduct.   

SECTION 3. Amends Section 5, Article 4413(37), V.T.C.S., by amending
Subsection (a) and by adding Subsections (c) and (d), to add standard
language developed by the Sunset Commission in regard to the presiding
officer of ATPA.  Adds standard language developed by the Sunset
Commission in regard to training for a member of ATPA.   

SECTION 4. Amends Section 6, Article 4413(37), V.T.C.S., by amending
Subsections (c) and (e) and adding Subsections (f), (g), (h), and (i), to
authorize ATPA to contract only with the Texas Department of
Transportation (TxDOT).  Authorizes ATPA to contract for various services
only with or through TxDOT as needed to carry out its purpose, powers, and
duties.  Deletes a provision authorizing ATPA to enter into contracts in
its own name and on its own behalf.  Requires TxDOT to provide personnel
and services to ATPA as agreed in a contract under this section.  Adds
standard  language developed by the Sunset Commission in regard to policy
making and management responsibilities.  Adds standard language developed
by the Sunset Commission in regard to public opportunity to be heard.
Adds standard language developed by the Sunset Commission in regard to the
annual financial report of ATPA.  Makes conforming changes.  

SECTION 5. Amends Section 6A(b), Article 4413(37), V.T.C.S., to authorize
the authority, among other duties, to request the comptroller to draw
warrants on the funds available to ATPA, rather than the automobile theft
prevention fund, for the purpose of refunding monies to an insurer. 

SECTION 6. Amends Section 8, Article 4413(37), V.T.C.S., as follows: 

Sec. 8.  New heading:  USE OF APPROPRIATE FUNDS.  Requires money
appropriated to TxDOT for ATPA purposes to be used by ATPA to pay TxDOT
for contracted administrative costs and to achieve the purposes of this
article.  Deletes a provision in regard to the automobile theft prevention
fund.  Prohibits the amount of administrative expenses of ATPA from
exceeding eight percent of the total expenditures of ATPA in any fiscal
year. Authorizes the cost of personnel and services provided to ATPA by
TxDOT to be paid only from appropriations made for ATPA purposes.
Prohibits appropriations made for ATPA purposes from being used for any
other purposes.   

SECTION 7. Amends Section 9(g), Article 4413(37), V.T.C.S., to make
conforming changes.  

SECTION 8. Amends Section 10(b), Article 4413(37), V.T.C.S., to require
the insurer's fee to be paid by March 1 of each year for a policy issued,
delivered, or renewed from July 1 through December 31 of the previous
calender year; and August 1 of each year for a policy issued, delivered,
or renewed from January 1 through June 30 of that year.  Makes conforming
changes.   

SECTION 9. Repealer:  Article 4413(37), Section 10(e), V.T.C.S.
  Repealer:  Article 4413(37), Section 12, V.T.C.S.

SECTION 10. Makes application of this Act prospective.  Provides that this
Act does not prohibit a person who is a member of ATPA on September 1,
1997, from being reappointed to the authority after passage of this Act.  

SECTION 11. Effective date: September 1, 1997.

SECTION 12. Emergency clause.