By:  Whitmire, et al.                                             S.B. No. 1874


A BILL TO BE ENTITLED

AN ACT

relating to the Automobile Theft Prevention Authority.                        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Article 4413(37), Revised 
Statutes, is amended to read as follows:
	Art. 4413(37).  AUTOMOBILE BURGLARY AND THEFT PREVENTION 
AUTHORITY    
	SECTION 2.  Section 1, Article 4413(37), Revised Statutes, 
is amended to read as follows:
	Sec. 1.  DEFINITIONS.  In this article:                                        
		(1)  "Authority" means the Automobile Burglary and 
Theft Prevention Authority.
		(2)  "Economic automobile theft" means automobile 
burglary or theft committed for financial gain.
		(3)  "Department" means the Texas Department of 
Transportation.             
		(4)  "Director" means the executive director of the 
Texas Department of Transportation.
	SECTION 3.  Section 2, Article 4413(37), Revised Statutes, 
is amended to read as follows:
	Sec. 2.  ESTABLISHMENT OF AUTHORITY.  The Automobile 
Burglary and Theft Prevention Authority is established in the Texas 
Department of Transportation.  The authority is not an advisory 
body to the Texas Department of Transportation.
	SECTION 4.  Subsection (d), Section 6A, Article 4413(37), 
Revised Statutes, is amended to read as follows:
	(d)  Determinations made under this section shall be 
performed in accordance with procedures set forth in rules adopted 
by the authority [Automobile Theft Prevention Authority].  The 
question of eligibility for a refund is not a contested case within 
the meaning of the Administrative Procedure Act (Chapter 2001, 
Government Code).
	SECTION 5.  Subsection (b), Section 7, Article 4413(37), 
Revised Statutes, is amended to read as follows:
	(b)  The plan of operation must include:                                       
		(1)  an assessment of the scope of the problems of 
automobile burglary or theft and economic automobile theft, 
including particular areas of the state where the problems are 
greatest;
		(2)  an analysis of various methods of combating the 
problems of automobile burglary or theft and economic automobile 
theft;
		(3)  a plan for providing financial support to combat 
automobile burglary or theft and economic automobile theft; and
		(4)  an estimate of the funds required to implement the 
plan of operation.  
	SECTION 6.  Subsection (a), Section 8, Article 4413(37), 
Revised Statutes, is amended to read as follows:
	(a)  Money appropriated to the department for authority 
purposes shall be used by the authority to pay the department for 
administrative costs and to achieve the purposes of this article, 
including:
		(1)  establishing and funding the automobile 
registration program required by Section 9 of this article;
		(2)  providing financial support to law enforcement 
agencies for economic automobile theft enforcement teams;
		(3)  providing financial support to law enforcement 
agencies, local prosecutors, judicial agencies, and neighborhood, 
community, business, and nonprofit organizations for programs 
designed to reduce the incidence of economic automobile theft;
		(4)  conducting educational programs designed to 
inform automobile owners of methods of preventing automobile 
burglary or theft;
		(5)  providing equipment, for experimental purposes, 
to assist automobile owners in preventing automobile burglary or 
theft; and
		(6)  establishing a uniform program to prevent stolen 
motor vehicles from entering Mexico.
	SECTION 7.  Subsection (a), Section 11, Article 4413(37), 
Revised Statutes, is amended to read as follows:
	(a)  In this section, "automobile theft rate" means the ratio 
of automobile burglaries or thefts in this state to the number of 
automobiles in this state.  The ratio shall be based on statistical 
information provided by the Department of Public Safety's uniform 
crime reporting division.
	SECTION 8.  This Act takes effect September 1, 2005.