1-1 By: Gray (Senate Sponsor - Armbrister) H.B. No. 1387
1-2 (In the Senate - Received from the House April 9, 1997;
1-3 April 10, 1997, read first time and referred to Committee on State
1-4 Affairs; May 2, 1997, reported favorably, as amended, by the
1-5 following vote: Yeas 13, Nays 0; May 2, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Nelson
1-7 Amend H.B. No. 1387 in SECTION 4 of the bill, amended Section 5,
1-8 Article 4413(37), Revised Statutes, by striking proposed
1-9 Subsections (c) and (d) (page 4, line 16, through page 5, line 14,
1-10 engrossed version) and substituting the following:
1-11 (c) To be eligible to take office as a member of the
1-12 authority, a person appointed to the authority must complete at
1-13 least one course of a training program that complies with
1-14 Subsection (d).
1-15 (d) The training program required by Subsection (c) must
1-16 provide information to the person regarding:
1-17 (1) the enabling legislation that created the
1-18 authority and its policymaking body to which the member is
1-19 appointed to serve;
1-20 (2) the programs operated by the authority;
1-21 (3) the role and functions of the authority;
1-22 (4) the rules of the authority and the department;
1-23 (5) the current budget for the authority;
1-24 (6) the results of the most recent formal audit of the
1-25 authority;
1-26 (7) the requirements of the:
1-27 (A) open meetings law, Chapter 551, Government
1-28 Code;
1-29 (B) open records law, Chapter 552, Government
1-30 Code; and
1-31 (C) administrative procedure law, Chapter 2001,
1-32 Government Code;
1-33 (8) the requirements of the conflict-of-interest laws
1-34 and other laws relating to public officials; and
1-35 (9) any applicable ethics policies adopted by the
1-36 department or the Texas Ethics Commission.
1-37 (e) A person appointed to the authority is entitled to
1-38 reimbursement for travel expenses incurred in attending the
1-39 training program required by Subsection (c) as provided by the
1-40 General Appropriations Act and as if the person were a member of
1-41 the authority.
1-42 COMMITTEE AMENDMENT NO. 2 By: Nelson
1-43 Amend H.B. 1387 as follows:
1-44 Strike SECTION 7 of the bill and renumber the subsequent
1-45 SECTIONS appropriately (House Engrossment page 6, line 26 through
1-46 page 7, line 4).
1-47 A BILL TO BE ENTITLED
1-48 AN ACT
1-49 relating to the continuation and functions of the Automobile Theft
1-50 Prevention Authority.
1-51 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-52 SECTION 1. Section 1, Article 4413(37), Revised Statutes, is
1-53 amended by adding Subdivisions (3) and (4) to read as follows:
1-54 (3) "Department" means the Texas Department of
1-55 Transportation.
1-56 (4) "Director" means the executive director of the
1-57 Texas Department of Transportation.
1-58 SECTION 2. Section 2, Article 4413(37), Revised Statutes, is
1-59 amended to read as follows:
1-60 Sec. 2. ESTABLISHMENT OF AUTHORITY. The Automobile Theft
1-61 Prevention Authority is established in the Texas Department of
1-62 Transportation. The authority is not an advisory body to the Texas
1-63 Department of Transportation. [The Texas Department of
1-64 Transportation shall, at the direction of the authority, implement
2-1 authority decisions.]
2-2 SECTION 3. Section 3, Article 4413(37), Revised Statutes, is
2-3 amended by amending Subsections (d), (f), and (h) and adding
2-4 Subsections (i), (j), (k), and (l) to read as follows:
2-5 (d) Appointments to the authority shall be made without
2-6 regard to race, color, disability [handicap], sex, religion, age,
2-7 or national origin of the appointees.
2-8 (f) It is a ground for removal from the authority if a
2-9 member:
2-10 (1) does not have at the time of appointment the
2-11 qualifications required by Subsection (b) or is disqualified under
2-12 Subsection (i) or (k) of this section;
2-13 (2) does not maintain during service on the authority
2-14 the qualifications required by Subsection (b) or becomes
2-15 disqualified under Subsection (i) or (k) of this section;
2-16 (3) cannot because of illness or disability discharge
2-17 the member's duties for a substantial part of the term for which
2-18 the member is appointed [because of illness or disability]; or
2-19 (4) is absent from more than half of the regularly
2-20 scheduled authority meetings that the member is eligible to attend
2-21 during a calendar year [unless the absence is excused by majority
2-22 vote of the authority].
2-23 (h) If the director [chairman] has knowledge that a
2-24 potential ground for removal exists, the director [chairman] shall
2-25 notify the presiding officer of the authority of the potential
2-26 ground. The presiding officer shall then notify the governor and
2-27 the attorney general that a potential ground for removal exists.
2-28 If the potential ground for removal involves the presiding officer,
2-29 the director shall notify the next highest officer of the
2-30 authority, who shall notify the governor and the attorney general
2-31 that a potential ground for removal exists [of that fact].
2-32 (i) A person is not eligible for appointment as a
2-33 representative of motor vehicle insurance consumers under
2-34 Subsection (b)(1) of this section if the person or the person's
2-35 spouse:
2-36 (1) is registered, certified, or licensed by an
2-37 occupational regulatory agency in the field of motor vehicle
2-38 insurance or law enforcement;
2-39 (2) is an officer, employee, or paid consultant of a
2-40 Texas trade association in the field of motor vehicle insurance or
2-41 law enforcement;
2-42 (3) is employed by or participates in the management
2-43 of a business entity or other organization receiving funds from the
2-44 authority;
2-45 (4) owns or controls, directly or indirectly, more
2-46 than a 10-percent interest in a business entity or other
2-47 organization receiving funds from the authority; or
2-48 (5) uses or receives a substantial amount of tangible
2-49 goods, services, or funds from the authority, other than
2-50 reimbursement authorized by law for service on the board of the
2-51 authority.
2-52 (j) For purposes of Subsection (i)(2) of this section, a
2-53 Texas trade association is a nonprofit, cooperative, and
2-54 voluntarily joined association of business or professional
2-55 competitors in this state designed to assist its members and its
2-56 industry or profession in dealing with mutual business or
2-57 professional problems and in promoting their common interest.
2-58 (k) A person may not serve as a member of the authority or
2-59 act as the general counsel to the authority if the person is
2-60 required to register as a lobbyist under Chapter 305, Government
2-61 Code, because of the person's activities for compensation on behalf
2-62 of a profession related to law enforcement or motor vehicle
2-63 insurance.
2-64 (l) The director or the director's designee shall provide to
2-65 members of the authority, as often as necessary, information
2-66 regarding their qualifications for office under this article and
2-67 their responsibilities under applicable laws relating to standards
2-68 of conduct for state officers.
2-69 SECTION 4. Section 5, Article 4413(37), Revised Statutes, is
3-1 amended by amending Subsection (a) and adding Subsections (c) and
3-2 (d) to read as follows:
3-3 (a) The governor shall designate a member of the authority
3-4 as the presiding officer of the authority to serve in that capacity
3-5 at the pleasure of the governor [At the first meeting of each
3-6 calendar year, the authority shall elect a chairman from its
3-7 members].
3-8 (c) Before a member of the authority may assume the member's
3-9 duties and before the member may be confirmed by the senate, the
3-10 member must complete at least one course of a training program that
3-11 complies with the requirements of Subsection (d).
3-12 (d) A training program must provide information to the
3-13 member regarding:
3-14 (1) the enabling legislation that created the
3-15 authority and its policymaking body to which the member is
3-16 appointed to serve;
3-17 (2) the programs operated by the authority;
3-18 (3) the role and functions of the authority;
3-19 (4) the rules of the authority and the department;
3-20 (5) the current budget for the authority;
3-21 (6) the results of the most recent formal audit of the
3-22 authority;
3-23 (7) the requirements of the:
3-24 (A) open meetings law, Chapter 551, Government
3-25 Code;
3-26 (B) open records law, Chapter 552, Government
3-27 Code; and
3-28 (C) administrative procedure law, Chapter 2001,
3-29 Government Code;
3-30 (8) the requirements of the conflict-of-interest laws
3-31 and other laws relating to public officials; and
3-32 (9) any applicable ethics policies adopted by the
3-33 department or the Texas Ethics Commission.
3-34 SECTION 5. Section 6, Article 4413(37), Revised Statutes, is
3-35 amended by amending Subsections (c) and (e) and adding Subsections
3-36 (f), (g), (h), and (i) to read as follows:
3-37 (c) The authority may use only staff of the department
3-38 [employ and compensate staff in coordination with the Texas
3-39 Department of Transportation,] and may delegate authority to the
3-40 staff as needed.
3-41 (e) The authority may be provided [contract for] various
3-42 services only by or through the department [with other state
3-43 agencies] as needed to carry out its purposes, powers, and duties.
3-44 These services may include, but are not limited to, legal services
3-45 not provided by the attorney general, fiscal services,
3-46 administrative services, and personnel services. Except as
3-47 provided by this section, the [The] authority may enter into
3-48 contracts in its own name and on its own behalf with recipients of
3-49 grants for purposes of this article.
3-50 (f) The department shall provide personnel and services to
3-51 the authority as agreed by the authority and the department.
3-52 (g) The authority shall, in coordination with the
3-53 department, develop and implement policies that clearly separate
3-54 the policymaking responsibilities of the authority and the
3-55 management responsibilities of the department.
3-56 (h) The authority shall develop and implement policies that
3-57 provide the public with a reasonable opportunity to appear before
3-58 the authority and to speak on any issue under its jurisdiction.
3-59 (i) The authority shall prepare annually a complete and
3-60 detailed written report accounting for all funds received and
3-61 disbursed by the authority during the preceding fiscal year. The
3-62 annual report must meet the reporting requirements applicable to
3-63 financial reporting provided in the General Appropriations Act.
3-64 SECTION 6. Section 6A(b), Article 4413(37), Revised
3-65 Statutes, is amended to read as follows:
3-66 (b) Pursuant to such determination, the authority may:
3-67 (1) notify the comptroller that payments made by an
3-68 insurer are sufficient; and
3-69 (2) request the comptroller to draw warrants on the
4-1 funds available to the authority [automobile theft prevention fund]
4-2 for the purpose of refunding monies to an insurer.
4-3 SECTION 7. Section 7, Article 4413(37), Revised Statutes, is
4-4 amended by adding Subsection (c) to read as follows:
4-5 (c) The authority shall contract with the attorney general
4-6 at an agreed cost for the use and enhancement of existing neural
4-7 computer equipment to investigate, apprehend, and prosecute
4-8 organized criminal activity involved in automobile theft.
4-9 SECTION 8. Section 8, Article 4413(37), Revised Statutes, is
4-10 amended to read as follows:
4-11 Sec. 8. USE OF APPROPRIATED FUNDS [AUTOMOBILE THEFT
4-12 PREVENTION FUND]. (a) Money appropriated to the department for
4-13 authority purposes [The automobile theft prevention fund is an
4-14 account in the state treasury.]
4-15 [(b) The treasurer shall administer the fund and may invest
4-16 the fund in the same manner as other state funds.]
4-17 [(c) The comptroller shall deposit to the credit of the fund
4-18 any gift or grant of money accepted by the authority and money
4-19 collected under Sections 9 and 10 of this article. The comptroller
4-20 shall draw warrants on the fund at the request of the authority,
4-21 except that a warrant may not exceed the amount in the fund.]
4-22 [(d) Interest or income on amounts deposited in the
4-23 automobile theft prevention fund shall be credited to the fund.]
4-24 [(e) Money credited to the fund] shall be used by the
4-25 authority to pay the department for administrative costs and to
4-26 achieve the purposes of this article, including:
4-27 (1) establishing and funding the automobile
4-28 registration program required by Section 9 of this article;
4-29 (2) providing financial support to law enforcement
4-30 agencies for economic automobile theft enforcement teams;
4-31 (3) providing financial support to law enforcement
4-32 agencies, local prosecutors, judicial agencies, and neighborhood,
4-33 community, business, and nonprofit organizations for programs
4-34 designed to reduce the incidence of economic automobile theft;
4-35 (4) conducting educational programs designed to inform
4-36 automobile owners of methods of preventing automobile theft;
4-37 (5) providing equipment, for experimental purposes, to
4-38 assist automobile owners in preventing automobile theft; and
4-39 (6) establishing a uniform program to prevent stolen
4-40 motor vehicles from entering Mexico.
4-41 (b) In any fiscal year, the amount of the administrative
4-42 expenses of the authority, including salaries, travel and marketing
4-43 expenses, and other overhead expenses may not exceed eight percent
4-44 of the total expenditures of the authority.
4-45 (c) The cost of personnel and services provided to the
4-46 authority by the department and by the attorney general may be paid
4-47 only from appropriations made for authority purposes.
4-48 Appropriations made for authority purposes may not be used for any
4-49 other purpose.
4-50 SECTION 9. Section 9(g), Article 4413(37), Revised Statutes,
4-51 is amended to read as follows:
4-52 (g) The Department of Public Safety shall adopt rules to
4-53 administer the program and shall adopt fees in an amount sufficient
4-54 to recover the cost of administering the program. [Money collected
4-55 by the department under this subsection shall be deposited to the
4-56 credit of the automobile theft prevention fund.]
4-57 SECTION 10. Effective August 1, 1998, Section 10(b), Article
4-58 4413(37), Revised Statutes, is amended to read as follows:
4-59 (b) An [Not later than March 1 of each year, each] insurer
4-60 shall pay to the authority a fee equal to $1 multiplied by the
4-61 total number of motor vehicle years of insurance for insurance
4-62 policies delivered, issued for delivery, or renewed by the insurer
4-63 [during the preceding calendar year]. The fee shall be paid not
4-64 later than:
4-65 (1) March 1 of each year for a policy issued,
4-66 delivered, or renewed from July 1 through December 31 of the
4-67 previous calendar year; and
4-68 (2) August 1 of each year for a policy issued,
4-69 delivered, or renewed from January 1 through June 30 of that year.
5-1 SECTION 11. The following provisions are repealed:
5-2 (1) Section 6A(e), Article 4413(37), Revised Statutes;
5-3 (2) Section 10(e), Article 4413(37), Revised Statutes;
5-4 and
5-5 (3) Section 12, Article 4413(37), Revised Statutes.
5-6 SECTION 12. A request for a refund made under Section 6A,
5-7 Article 4413(37), Revised Statutes, is valid regardless of the date
5-8 the request was made or the payment was made for which a refund is
5-9 requested, except that an insurer that seeks either a refund of
5-10 fees or a determination of the sufficiency of payments must notify
5-11 the authority not later than the later of:
5-12 (1) November 1, 1997; or
5-13 (2) six months after the date the fees were paid to
5-14 the authority.
5-15 SECTION 13. The changes in law made by this Act in the
5-16 qualifications of, and the prohibitions applying to, members of the
5-17 Automobile Theft Prevention Authority do not affect the entitlement
5-18 of a member serving on the authority immediately before September
5-19 1, 1997, to continue to carry out the functions of the authority
5-20 for the remainder of the member's term. The changes in law apply
5-21 only to a member appointed on or after September 1, 1997. This Act
5-22 does not prohibit a person who is a member of the authority on
5-23 September 1, 1997, from being reappointed to the authority if the
5-24 person has the qualifications required for a member under Article
5-25 4413(37), Revised Statutes, as amended by this Act.
5-26 SECTION 14. This Act takes effect September 1, 1997.
5-27 SECTION 15. The importance of this legislation and the
5-28 crowded condition of the calendars in both houses create an
5-29 emergency and an imperative public necessity that the
5-30 constitutional rule requiring bills to be read on three several
5-31 days in each house be suspended, and this rule is hereby suspended.
5-32 * * * * *