HBA-DMH H.B. 1052 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1052
By: Counts
Transportation
2/13/2001
Introduced



BACKGROUND AND PURPOSE 

The Automobile Theft Prevention Authority has established advisory
committees even though there is currently no specific statutory
authorization of this practice. The attorney general has issued a letter
opinion stating that the Texas Commission of Licensing and Regulation may
not create an advisory committee absent specific statutory authority. This
opinion has called into question the ability of other agencies to establish
advisory committees. House Bill 1052 specifically authorizes the Automobile
Theft Prevention Authority to establish advisory committees. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1052 amends law to authorize the Automobile Theft Prevention
Authority (authority) to establish advisory committees to advise it on any
matter under its jurisdiction.  The bill provides that provisions relating
to the duration of advisory committees do not apply to an authority
advisory committee if it is: 

_established for a specific and immediate need; and

_dissolved before the first anniversary of the date the committee is
created. 

The bill prohibits the authority from compensating a member of an advisory
committee for committee service, but the member is entitled to
reimbursement for certain expenses incurred in the performance of that
service. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.