By Armbrister S.B. No. 355
75R1785 DRH-D
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 3, Article 4413(37), Revised Statutes, is
1-12 amended by amending Subsections (d), (f), and (h) and adding
1-13 Subsections (i), (j), (k), and (l) to read as follows:
1-14 (d) Appointments to the authority shall be made without
1-15 regard to race, color, disability [handicap], sex, religion, age,
1-16 or national origin of the appointees.
1-17 (f) It is a ground for removal from the authority if a
1-18 member:
1-19 (1) does not have at the time of appointment the
1-20 qualifications required by Subsection (b) or is disqualified under
1-21 Subsection (i) or (k) of this section;
1-22 (2) does not maintain during service on the authority
1-23 the qualifications required by Subsection (b) or becomes
1-24 disqualified under Subsection (i) or (k) of this section;
2-1 (3) cannot because of illness or disability discharge
2-2 the member's duties for a substantial part of the term for which
2-3 the member is appointed [because of illness or disability]; or
2-4 (4) is absent from more than half of the regularly
2-5 scheduled authority meetings that the member is eligible to attend
2-6 during a calendar year unless the absence is excused by majority
2-7 vote of the authority.
2-8 (h) If the director [chairman] has knowledge that a
2-9 potential ground for removal exists, the director [chairman] shall
2-10 notify the presiding officer of the authority of the potential
2-11 ground. The presiding officer shall then notify the governor and
2-12 the attorney general that a potential ground for removal exists.
2-13 If the potential ground for removal involves the presiding officer,
2-14 the director shall notify the next highest officer of the
2-15 authority, who shall notify the governor and the attorney general
2-16 that a potential ground for removal exists [of that fact].
2-17 (i) A person is not eligible for appointment as a
2-18 representative of motor vehicle insurance consumers under
2-19 Subsection (b)(1) of this section if the person or the person's
2-20 spouse:
2-21 (1) is registered, certified, or licensed by an
2-22 occupational regulatory agency in the field of motor vehicle
2-23 insurance or law enforcement;
2-24 (2) is an officer, employee, or paid consultant of a
2-25 Texas trade association in the field of motor vehicle insurance or
2-26 law enforcement;
2-27 (3) is employed by or participates in the management
3-1 of a business entity or other organization receiving funds from the
3-2 authority;
3-3 (4) owns or controls, directly or indirectly, more
3-4 than a 10 percent interest in a business entity or other
3-5 organization receiving funds from the authority; or
3-6 (5) uses or receives a substantial amount of tangible
3-7 goods, services, or funds from the authority, other than
3-8 reimbursement authorized by law for service on the board of the
3-9 authority.
3-10 (j) For purposes of Subsection (i)(2) of this section, a
3-11 Texas trade association is a nonprofit, cooperative, and
3-12 voluntarily joined association of business or professional
3-13 competitors in this state designed to assist its members and its
3-14 industry or profession in dealing with mutual business or
3-15 professional problems and in promoting their common interest.
3-16 (k) A person may not serve as a member of the authority or
3-17 act as the general counsel to the authority if the person is
3-18 required to register as a lobbyist under Chapter 305, Government
3-19 Code, because of the person's activities for compensation on behalf
3-20 of a profession related to law enforcement or motor vehicle
3-21 insurance.
3-22 (l) The director or the director's designee shall provide to
3-23 members of the authority, as often as necessary, information
3-24 regarding their qualifications for office under this article and
3-25 their responsibilities under applicable laws relating to standards
3-26 of conduct for state officers.
3-27 SECTION 3. Section 5, Article 4413(37), Revised Statutes, is
4-1 amended by amending Subsection (a) and adding Subsections (c) and
4-2 (d) to read as follows:
4-3 (a) The governor shall designate a member of the authority
4-4 as the presiding officer of the authority to serve in that capacity
4-5 at the pleasure of the governor [At the first meeting of each
4-6 calendar year, the authority shall elect a chairman from its
4-7 members].
4-8 (c) Before a member of the authority may assume the member's
4-9 duties and before the member may be confirmed by the senate, the
4-10 member must complete at least one course of a training program that
4-11 complies with the requirements of Subsection (d).
4-12 (d) A training program must provide information to the
4-13 member regarding:
4-14 (1) the enabling legislation that created the
4-15 authority and its policymaking body to which the member is
4-16 appointed to serve;
4-17 (2) the programs operated by the authority;
4-18 (3) the role and functions of the authority;
4-19 (4) the rules of the authority and the department;
4-20 (5) the current budget for the authority;
4-21 (6) the results of the most recent formal audit of the
4-22 authority;
4-23 (7) the requirements of the:
4-24 (A) open meetings law, Chapter 551, Government
4-25 Code;
4-26 (B) open records law, Chapter 552, Government
4-27 Code; and
5-1 (C) administrative procedure law, Chapter 2001,
5-2 Government Code;
5-3 (8) the requirements of the conflict of interest laws
5-4 and other laws relating to public officials; and
5-5 (9) any applicable ethics policies adopted by the
5-6 department or the Texas Ethics Commission.
5-7 SECTION 4. Section 6, Article 4413(37), Revised Statutes, is
5-8 amended by amending Subsections (c) and (e) and adding Subsections
5-9 (f), (g), (h), and (i) to read as follows:
5-10 (c) The authority may contract only with the department to
5-11 provide [employ and compensate] staff [in coordination with the
5-12 Texas Department of Transportation,] and may delegate authority to
5-13 the staff as needed.
5-14 (e) The authority may contract for various services only
5-15 with or through the department [other state agencies] as needed to
5-16 carry out its purposes, powers, and duties. These services may
5-17 include, but are not limited to, legal services, fiscal services,
5-18 administrative services, and personnel services. [The authority
5-19 may enter into contracts in its own name and on its own behalf.]
5-20 (f) The department shall provide personnel and services to
5-21 the authority as agreed in a contract under Subsections (c) and (e)
5-22 of this section.
5-23 (g) The authority shall develop and implement policies that
5-24 clearly separate the policymaking responsibilities of the authority
5-25 and the management responsibilities of the department.
5-26 (h) The authority shall develop and implement policies that
5-27 provide the public with a reasonable opportunity to appear before
6-1 the authority and to speak on any issue under its jurisdiction.
6-2 (i) The authority shall prepare annually a complete and
6-3 detailed written report accounting for all funds received and
6-4 disbursed by the authority during the preceding fiscal year. The
6-5 annual report must meet the reporting requirements applicable to
6-6 financial reporting provided in the General Appropriations Act.
6-7 SECTION 5. Section 6A(b), Article 4413(37), Revised
6-8 Statutes, is amended to read as follows:
6-9 (b) Pursuant to such determination, the authority may:
6-10 (1) notify the comptroller that payments made by an
6-11 insurer are sufficient; and
6-12 (2) request the comptroller to draw warrants on the
6-13 funds available to the authority [automobile theft prevention fund]
6-14 for the purpose of refunding monies to an insurer.
6-15 SECTION 6. Section 8, Article 4413(37), Revised Statutes, is
6-16 amended to read as follows:
6-17 Sec. 8. USE OF APPROPRIATED FUNDS [AUTOMOBILE THEFT
6-18 PREVENTION FUND]. (a) Money appropriated to the department for
6-19 authority purposes [The automobile theft prevention fund is an
6-20 account in the state treasury.]
6-21 [(b) The treasurer shall administer the fund and may invest
6-22 the fund in the same manner as other state funds.]
6-23 [(c) The comptroller shall deposit to the credit of the fund
6-24 any gift or grant of money accepted by the authority and money
6-25 collected under Sections 9 and 10 of this article. The comptroller
6-26 shall draw warrants on the fund at the request of the authority,
6-27 except that a warrant may not exceed the amount in the fund.]
7-1 [(d) Interest or income on amounts deposited in the
7-2 automobile theft prevention fund shall be credited to the fund.]
7-3 [(e) Money credited to the fund] shall be used by the
7-4 authority to pay the department for contracted administrative costs
7-5 and to achieve the purposes of this article, including:
7-6 (1) establishing and funding the automobile
7-7 registration program required by Section 9 of this article;
7-8 (2) providing financial support to law enforcement
7-9 agencies for economic automobile theft enforcement teams;
7-10 (3) providing financial support to law enforcement
7-11 agencies, local prosecutors, judicial agencies, and neighborhood,
7-12 community, business, and nonprofit organizations for programs
7-13 designed to reduce the incidence of economic automobile theft;
7-14 (4) conducting educational programs designed to inform
7-15 automobile owners of methods of preventing automobile theft;
7-16 (5) providing equipment, for experimental purposes, to
7-17 assist automobile owners in preventing automobile theft; and
7-18 (6) establishing a uniform program to prevent stolen
7-19 motor vehicles from entering Mexico.
7-20 (b) In any fiscal year, the amount of the administrative
7-21 expenses of the authority, including salaries, travel and marketing
7-22 expenses, and other overhead expenses may not exceed eight percent
7-23 of the total expenditures of the authority.
7-24 (c) The cost of personnel and services provided to the
7-25 authority by the department may be paid only from appropriations
7-26 made for authority purposes. Appropriations made for authority
7-27 purposes may not be used for any other purpose.
8-1 SECTION 7. Section 9(g), Article 4413(37), Revised Statutes,
8-2 is amended to read as follows:
8-3 (g) The Department of Public Safety shall adopt rules to
8-4 administer the program and shall adopt fees in an amount sufficient
8-5 to recover the cost of administering the program. [Money collected
8-6 by the department under this subsection shall be deposited to the
8-7 credit of the automobile theft prevention fund.]
8-8 SECTION 8. Section 10(b), Article 4413(37), Revised
8-9 Statutes, is amended to read as follows:
8-10 (b) An [Not later than March 1 of each year, each] insurer
8-11 shall pay to the authority a fee equal to $1 multiplied by the
8-12 total number of motor vehicle years of insurance for insurance
8-13 policies delivered, issued for delivery, or renewed by the insurer
8-14 [during the preceding calendar year]. The fee shall be paid not
8-15 later than:
8-16 (1) March 1 of each year for a policy issued,
8-17 delivered, or renewed from July 1 through December 31 of the
8-18 previous calendar year; and
8-19 (2) August 1 of each year for a policy issued,
8-20 delivered, or renewed from January 1 through June 30 of that year.
8-21 SECTION 9. The following provisions are repealed:
8-22 (1) Section 10(e), Article 4413(37), Revised Statutes;
8-23 and
8-24 (2) Section 12, Article 4413(37), Revised Statutes.
8-25 SECTION 10. The changes in law made by this Act in the
8-26 qualifications of, and the prohibitions applying to, members of the
8-27 Automobile Theft Prevention Authority do not affect the entitlement
9-1 of a member serving on the authority immediately before September
9-2 1, 1997, to continue to carry out the functions of the authority
9-3 for the remainder of the member's term. The changes in law apply
9-4 only to a member appointed on or after September 1, 1997. This Act
9-5 does not prohibit a person who is a member of the authority on
9-6 September 1, 1997, from being reappointed to the authority if the
9-7 person has the qualifications required for a member under Article
9-8 4413(37), Revised Statutes, as amended by this Act.
9-9 SECTION 11. This Act takes effect September 1, 1997.
9-10 SECTION 12. The importance of this legislation and the
9-11 crowded condition of the calendars in both houses create an
9-12 emergency and an imperative public necessity that the
9-13 constitutional rule requiring bills to be read on three several
9-14 days in each house be suspended, and this rule is hereby suspended.