75R9481 DRH-D
By Gray H.B. No. 1387
Substitute the following for H.B. No. 1387:
By Alexander C.S.H.B. No. 1387
A BILL TO BE ENTITLED
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) and
4-10 (d) 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) Before a member of the authority may assume the member's
4-17 duties and before the member may be confirmed by the senate, the
4-18 member must complete at least one course of a training program that
4-19 complies with the requirements of Subsection (d).
4-20 (d) A training program must provide information to the
4-21 member 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 SECTION 5. Section 6, Article 4413(37), Revised Statutes, is
5-16 amended by amending Subsections (c) and (e) and adding Subsections
5-17 (f), (g), (h), and (i) to read as follows:
5-18 (c) The authority may use only staff of the department
5-19 [employ and compensate staff in coordination with the Texas
5-20 Department of Transportation,] and may delegate authority to the
5-21 staff as needed.
5-22 (e) The authority may be provided [contract for] various
5-23 services only by or through the department [with other state
5-24 agencies] as needed to carry out its purposes, powers, and duties.
5-25 These services may include, but are not limited to, legal services
5-26 not provided by the attorney general, fiscal services,
5-27 administrative services, and personnel services. Except as
6-1 provided by this section, the [The] authority may enter into
6-2 contracts in its own name and on its own behalf with recipients of
6-3 grants for purposes of this article.
6-4 (f) The department shall provide personnel and services to
6-5 the authority as agreed by the authority and the department.
6-6 (g) The authority shall, in coordination with the
6-7 department, develop and implement policies that clearly separate
6-8 the policymaking responsibilities of the authority and the
6-9 management responsibilities of the department.
6-10 (h) The authority shall develop and implement policies that
6-11 provide the public with a reasonable opportunity to appear before
6-12 the authority and to speak on any issue under its jurisdiction.
6-13 (i) The authority shall prepare annually a complete and
6-14 detailed written report accounting for all funds received and
6-15 disbursed by the authority during the preceding fiscal year. The
6-16 annual report must meet the reporting requirements applicable to
6-17 financial reporting provided in the General Appropriations Act.
6-18 SECTION 6. Section 6A(b), Article 4413(37), Revised
6-19 Statutes, is amended to read as follows:
6-20 (b) Pursuant to such determination, the authority may:
6-21 (1) notify the comptroller that payments made by an
6-22 insurer are sufficient; and
6-23 (2) request the comptroller to draw warrants on the
6-24 funds available to the authority [automobile theft prevention fund]
6-25 for the purpose of refunding monies to an insurer.
6-26 SECTION 7. Section 7, Article 4413(37), Revised Statutes, is
6-27 amended by adding Subsection (c) to read as follows:
7-1 (c) The authority shall contract with the attorney general
7-2 at an agreed cost for the use and enhancement of existing neural
7-3 computer equipment to investigate, apprehend, and prosecute
7-4 organized criminal activity involved in automobile theft.
7-5 SECTION 8. Section 8, Article 4413(37), Revised Statutes, is
7-6 amended to read as follows:
7-7 Sec. 8. USE OF APPROPRIATED FUNDS [AUTOMOBILE THEFT
7-8 PREVENTION FUND]. (a) Money appropriated to the department for
7-9 authority purposes [The automobile theft prevention fund is an
7-10 account in the state treasury.]
7-11 [(b) The treasurer shall administer the fund and may invest
7-12 the fund in the same manner as other state funds.]
7-13 [(c) The comptroller shall deposit to the credit of the fund
7-14 any gift or grant of money accepted by the authority and money
7-15 collected under Sections 9 and 10 of this article. The comptroller
7-16 shall draw warrants on the fund at the request of the authority,
7-17 except that a warrant may not exceed the amount in the fund.]
7-18 [(d) Interest or income on amounts deposited in the
7-19 automobile theft prevention fund shall be credited to the fund.]
7-20 [(e) Money credited to the fund] shall be used by the
7-21 authority to pay the department for administrative costs and to
7-22 achieve the purposes of this article, including:
7-23 (1) establishing and funding the automobile
7-24 registration program required by Section 9 of this article;
7-25 (2) providing financial support to law enforcement
7-26 agencies for economic automobile theft enforcement teams;
7-27 (3) providing financial support to law enforcement
8-1 agencies, local prosecutors, judicial agencies, and neighborhood,
8-2 community, business, and nonprofit organizations for programs
8-3 designed to reduce the incidence of economic automobile theft;
8-4 (4) conducting educational programs designed to inform
8-5 automobile owners of methods of preventing automobile theft;
8-6 (5) providing equipment, for experimental purposes, to
8-7 assist automobile owners in preventing automobile theft; and
8-8 (6) establishing a uniform program to prevent stolen
8-9 motor vehicles from entering Mexico.
8-10 (b) In any fiscal year, the amount of the administrative
8-11 expenses of the authority, including salaries, travel and marketing
8-12 expenses, and other overhead expenses may not exceed eight percent
8-13 of the total expenditures of the authority.
8-14 (c) The cost of personnel and services provided to the
8-15 authority by the department and by the attorney general may be paid
8-16 only from appropriations made for authority purposes.
8-17 Appropriations made for authority purposes may not be used for any
8-18 other purpose.
8-19 SECTION 9. Section 9(g), Article 4413(37), Revised Statutes,
8-20 is amended to read as follows:
8-21 (g) The Department of Public Safety shall adopt rules to
8-22 administer the program and shall adopt fees in an amount sufficient
8-23 to recover the cost of administering the program. [Money collected
8-24 by the department under this subsection shall be deposited to the
8-25 credit of the automobile theft prevention fund.]
8-26 SECTION 10. Effective August 1, 1998, Section 10(b), Article
8-27 4413(37), Revised Statutes, is amended to read as follows:
9-1 (b) An [Not later than March 1 of each year, each] insurer
9-2 shall pay to the authority a fee equal to $1 multiplied by the
9-3 total number of motor vehicle years of insurance for insurance
9-4 policies delivered, issued for delivery, or renewed by the insurer
9-5 [during the preceding calendar year]. The fee shall be paid not
9-6 later than:
9-7 (1) March 1 of each year for a policy issued,
9-8 delivered, or renewed from July 1 through December 31 of the
9-9 previous calendar year; and
9-10 (2) August 1 of each year for a policy issued,
9-11 delivered, or renewed from January 1 through June 30 of that year.
9-12 SECTION 11. The following provisions are repealed:
9-13 (1) Section 6A(e), Article 4413(37), Revised Statutes;
9-14 (2) Section 10(e), Article 4413(37), Revised Statutes;
9-15 and
9-16 (3) Section 12, Article 4413(37), Revised Statutes.
9-17 SECTION 12. A request for a refund made under Section 6A,
9-18 Article 4413(37), Revised Statutes, is valid regardless of the date
9-19 the request was made or the payment was made for which a refund is
9-20 requested.
9-21 SECTION 13. The changes in law made by this Act in the
9-22 qualifications of, and the prohibitions applying to, members of the
9-23 Automobile Theft Prevention Authority do not affect the entitlement
9-24 of a member serving on the authority immediately before September
9-25 1, 1997, to continue to carry out the functions of the authority
9-26 for the remainder of the member's term. The changes in law apply
9-27 only to a member appointed on or after September 1, 1997. This Act
10-1 does not prohibit a person who is a member of the authority on
10-2 September 1, 1997, from being reappointed to the authority if the
10-3 person has the qualifications required for a member under Article
10-4 4413(37), Revised Statutes, as amended by this Act.
10-5 SECTION 14. This Act takes effect September 1, 1997.
10-6 SECTION 15. The importance of this legislation and the
10-7 crowded condition of the calendars in both houses create an
10-8 emergency and an imperative public necessity that the
10-9 constitutional rule requiring bills to be read on three several
10-10 days in each house be suspended, and this rule is hereby suspended.