1-1 AN ACT
1-2 relating to the continuation and functions of the Automobile Theft
1-3 Prevention Authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Article 4413(37), Revised Statutes, is
1-6 amended by adding Subdivisions (3) and (4) to read as follows:
1-7 (3) "Department" means the Texas Department of
1-8 Transportation.
1-9 (4) "Director" means the executive director of the
1-10 Texas Department of Transportation.
1-11 SECTION 2. Section 2, Article 4413(37), Revised Statutes, is
1-12 amended to read as follows:
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.]
1-19 SECTION 3. Section 3, Article 4413(37), Revised Statutes, is
1-20 amended by amending Subsections (d), (f), and (h) and adding
1-21 Subsections (i), (j), (k), and (l) to read as follows:
1-22 (d) Appointments to the authority shall be made without
1-23 regard to race, color, disability [handicap], sex, religion, age,
1-24 or national origin of the appointees.
2-1 (f) It is a ground for removal from the authority if a
2-2 member:
2-3 (1) does not have at the time of appointment the
2-4 qualifications required by Subsection (b) or is disqualified under
2-5 Subsection (i) or (k) of this section;
2-6 (2) does not maintain during service on the authority
2-7 the qualifications required by Subsection (b) or becomes
2-8 disqualified under Subsection (i) or (k) of this section;
2-9 (3) cannot because of illness or disability discharge
2-10 the member's duties for a substantial part of the term for which
2-11 the member is appointed [because of illness or disability]; or
2-12 (4) is absent from more than half of the regularly
2-13 scheduled authority meetings that the member is eligible to attend
2-14 during a calendar year [unless the absence is excused by majority
2-15 vote of the authority].
2-16 (h) If the director [chairman] has knowledge that a
2-17 potential ground for removal exists, the director [chairman] shall
2-18 notify the presiding officer of the authority of the potential
2-19 ground. The presiding officer shall then notify the governor and
2-20 the attorney general that a potential ground for removal exists.
2-21 If the potential ground for removal involves the presiding officer,
2-22 the director shall notify the next highest officer of the
2-23 authority, who shall notify the governor and the attorney general
2-24 that a potential ground for removal exists [of that fact].
2-25 (i) A person is not eligible for appointment as a
2-26 representative of motor vehicle insurance consumers under
2-27 Subsection (b)(1) of this section if the person or the person's
3-1 spouse:
3-2 (1) is registered, certified, or licensed by an
3-3 occupational regulatory agency in the field of motor vehicle
3-4 insurance or law enforcement;
3-5 (2) is an officer, employee, or paid consultant of a
3-6 Texas trade association in the field of motor vehicle insurance or
3-7 law enforcement;
3-8 (3) is employed by or participates in the management
3-9 of a business entity or other organization receiving funds from the
3-10 authority;
3-11 (4) owns or controls, directly or indirectly, more
3-12 than a 10-percent interest in a business entity or other
3-13 organization receiving funds from the authority; or
3-14 (5) uses or receives a substantial amount of tangible
3-15 goods, services, or funds from the authority, other than
3-16 reimbursement authorized by law for service on the board of the
3-17 authority.
3-18 (j) For purposes of Subsection (i)(2) of this section, a
3-19 Texas trade association is a nonprofit, cooperative, and
3-20 voluntarily joined association of business or professional
3-21 competitors in this state designed to assist its members and its
3-22 industry or profession in dealing with mutual business or
3-23 professional problems and in promoting their common interest.
3-24 (k) A person may not serve as a member of the authority or
3-25 act as the general counsel to the authority if the person is
3-26 required to register as a lobbyist under Chapter 305, Government
3-27 Code, because of the person's activities for compensation on behalf
4-1 of a profession related to law enforcement or motor vehicle
4-2 insurance.
4-3 (l) The director or the director's designee shall provide to
4-4 members of the authority, as often as necessary, information
4-5 regarding their qualifications for office under this article and
4-6 their responsibilities under applicable laws relating to standards
4-7 of conduct for state officers.
4-8 SECTION 4. Section 5, Article 4413(37), Revised Statutes, is
4-9 amended by amending Subsection (a) and adding Subsections (c), (d),
4-10 and (e) to read as follows:
4-11 (a) The governor shall designate a member of the authority
4-12 as the presiding officer of the authority to serve in that capacity
4-13 at the pleasure of the governor [At the first meeting of each
4-14 calendar year, the authority shall elect a chairman from its
4-15 members].
4-16 (c) To be eligible to take office as a member of the
4-17 authority, a person appointed to the authority must complete at
4-18 least one course of a training program that complies with
4-19 Subsection (d).
4-20 (d) The training program required by Subsection (c) must
4-21 provide information to the person regarding:
4-22 (1) the enabling legislation that created the
4-23 authority and its policymaking body to which the member is
4-24 appointed to serve;
4-25 (2) the programs operated by the authority;
4-26 (3) the role and functions of the authority;
4-27 (4) the rules of the authority and the department;
5-1 (5) the current budget for the authority;
5-2 (6) the results of the most recent formal audit of the
5-3 authority;
5-4 (7) the requirements of the:
5-5 (A) open meetings law, Chapter 551, Government
5-6 Code;
5-7 (B) open records law, Chapter 552, Government
5-8 Code; and
5-9 (C) administrative procedure law, Chapter 2001,
5-10 Government Code;
5-11 (8) the requirements of the conflict-of-interest laws
5-12 and other laws relating to public officials; and
5-13 (9) any applicable ethics policies adopted by the
5-14 department or the Texas Ethics Commission.
5-15 (e) A person appointed to the authority is entitled to
5-16 reimbursement for travel expenses incurred in attending the
5-17 training program required by Subsection (c) as provided by the
5-18 General Appropriations Act and as if the person were a member of
5-19 the authority.
5-20 SECTION 5. Section 6, Article 4413(37), Revised Statutes, is
5-21 amended by amending Subsections (c) and (e) and adding Subsections
5-22 (f), (g), (h), and (i) to read as follows:
5-23 (c) The authority may use only staff of the department
5-24 [employ and compensate staff in coordination with the Texas
5-25 Department of Transportation,] and may delegate authority to the
5-26 staff as needed.
5-27 (e) The authority may be provided [contract for] various
6-1 services only by or through the department [with other state
6-2 agencies] as needed to carry out its purposes, powers, and duties.
6-3 These services may include, but are not limited to, legal services
6-4 not provided by the attorney general, fiscal services,
6-5 administrative services, and personnel services. Except as
6-6 provided by this section, the [The] authority may enter into
6-7 contracts in its own name and on its own behalf with recipients of
6-8 grants for purposes of this article.
6-9 (f) The department shall provide personnel and services to
6-10 the authority as agreed by the authority and the department.
6-11 (g) The authority shall, in coordination with the
6-12 department, develop and implement policies that clearly separate
6-13 the policymaking responsibilities of the authority and the
6-14 management responsibilities of the department.
6-15 (h) The authority shall develop and implement policies that
6-16 provide the public with a reasonable opportunity to appear before
6-17 the authority and to speak on any issue under its jurisdiction.
6-18 (i) The authority shall prepare annually a complete and
6-19 detailed written report accounting for all funds received and
6-20 disbursed by the authority during the preceding fiscal year. The
6-21 annual report must meet the reporting requirements applicable to
6-22 financial reporting provided in the General Appropriations Act.
6-23 SECTION 6. Section 6A(b), Article 4413(37), Revised
6-24 Statutes, is amended to read as follows:
6-25 (b) Pursuant to such determination, the authority may:
6-26 (1) notify the comptroller that payments made by an
6-27 insurer are sufficient; and
7-1 (2) request the comptroller to draw warrants on the
7-2 funds available to the authority [automobile theft prevention fund]
7-3 for the purpose of refunding monies to an insurer.
7-4 SECTION 7. Section 8, Article 4413(37), Revised Statutes, is
7-5 amended to read as follows:
7-6 Sec. 8. USE OF APPROPRIATED FUNDS [AUTOMOBILE THEFT
7-7 PREVENTION FUND]. (a) Money appropriated to the department for
7-8 authority purposes [The automobile theft prevention fund is an
7-9 account in the state treasury.]
7-10 [(b) The treasurer shall administer the fund and may invest
7-11 the fund in the same manner as other state funds.]
7-12 [(c) The comptroller shall deposit to the credit of the fund
7-13 any gift or grant of money accepted by the authority and money
7-14 collected under Sections 9 and 10 of this article. The comptroller
7-15 shall draw warrants on the fund at the request of the authority,
7-16 except that a warrant may not exceed the amount in the fund.]
7-17 [(d) Interest or income on amounts deposited in the
7-18 automobile theft prevention fund shall be credited to the fund.]
7-19 [(e) Money credited to the fund] shall be used by the
7-20 authority to pay the department for administrative costs and to
7-21 achieve the purposes of this article, including:
7-22 (1) establishing and funding the automobile
7-23 registration program required by Section 9 of this article;
7-24 (2) providing financial support to law enforcement
7-25 agencies for economic automobile theft enforcement teams;
7-26 (3) providing financial support to law enforcement
7-27 agencies, local prosecutors, judicial agencies, and neighborhood,
8-1 community, business, and nonprofit organizations for programs
8-2 designed to reduce the incidence of economic automobile theft;
8-3 (4) conducting educational programs designed to inform
8-4 automobile owners of methods of preventing automobile theft;
8-5 (5) providing equipment, for experimental purposes, to
8-6 assist automobile owners in preventing automobile theft; and
8-7 (6) establishing a uniform program to prevent stolen
8-8 motor vehicles from entering Mexico.
8-9 (b) In any fiscal year, the amount of the administrative
8-10 expenses of the authority, including salaries, travel and marketing
8-11 expenses, and other overhead expenses may not exceed eight percent
8-12 of the total expenditures of the authority.
8-13 (c) The cost of personnel and services provided to the
8-14 authority by the department and by the attorney general may be paid
8-15 only from appropriations made for authority purposes.
8-16 Appropriations made for authority purposes may not be used for any
8-17 other purpose.
8-18 SECTION 8. Section 9(g), Article 4413(37), Revised Statutes,
8-19 is amended to read as follows:
8-20 (g) The Department of Public Safety shall adopt rules to
8-21 administer the program and shall adopt fees in an amount sufficient
8-22 to recover the cost of administering the program. [Money collected
8-23 by the department under this subsection shall be deposited to the
8-24 credit of the automobile theft prevention fund.]
8-25 SECTION 9. Effective August 1, 1998, Section 10(b), Article
8-26 4413(37), Revised Statutes, is amended to read as follows:
8-27 (b) An [Not later than March 1 of each year, each] insurer
9-1 shall pay to the authority a fee equal to $1 multiplied by the
9-2 total number of motor vehicle years of insurance for insurance
9-3 policies delivered, issued for delivery, or renewed by the insurer
9-4 [during the preceding calendar year]. The fee shall be paid not
9-5 later than:
9-6 (1) March 1 of each year for a policy issued,
9-7 delivered, or renewed from July 1 through December 31 of the
9-8 previous calendar year; and
9-9 (2) August 1 of each year for a policy issued,
9-10 delivered, or renewed from January 1 through June 30 of that year.
9-11 SECTION 10. The following provisions are repealed:
9-12 (1) Section 6A(e), Article 4413(37), Revised Statutes;
9-13 (2) Section 10(e), Article 4413(37), Revised Statutes;
9-14 and
9-15 (3) Section 12, Article 4413(37), Revised Statutes.
9-16 SECTION 11. A request for a refund made under Section 6A,
9-17 Article 4413(37), Revised Statutes, is valid regardless of the date
9-18 the request was made or the payment was made for which a refund is
9-19 requested, except that an insurer that seeks either a refund of
9-20 fees or a determination of the sufficiency of payments must notify
9-21 the authority not later than the later of:
9-22 (1) November 1, 1997; or
9-23 (2) six months after the date the fees were paid to
9-24 the authority.
9-25 SECTION 12. The changes in law made by this Act in the
9-26 qualifications of, and the prohibitions applying to, members of the
9-27 Automobile Theft Prevention Authority do not affect the entitlement
10-1 of a member serving on the authority immediately before September
10-2 1, 1997, to continue to carry out the functions of the authority
10-3 for the remainder of the member's term. The changes in law apply
10-4 only to a member appointed on or after September 1, 1997. This Act
10-5 does not prohibit a person who is a member of the authority on
10-6 September 1, 1997, from being reappointed to the authority if the
10-7 person has the qualifications required for a member under Article
10-8 4413(37), Revised Statutes, as amended by this Act.
10-9 SECTION 13. This Act takes effect September 1, 1997.
10-10 SECTION 14. The importance of this legislation and the
10-11 crowded condition of the calendars in both houses create an
10-12 emergency and an imperative public necessity that the
10-13 constitutional rule requiring bills to be read on three several
10-14 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1387 was passed by the House on April
8, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1387 on May 14, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1387 was passed by the Senate, with
amendments, on May 12, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor