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AN ACT
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relating to the scope of authority of the Automobile Theft |
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Prevention Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article 4413(37), Revised Statutes, |
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is amended by amending Subdivision (2) and adding Subdivision (5) |
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to read as follows: |
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(2) "Economic motor vehicle [automobile] theft" means |
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motor vehicle [automobile] theft committed for financial gain. |
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(5) "Motor vehicle" means a self-propelled vehicle or |
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a vehicle, trailer, or semitrailer designed for use with a |
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self-propelled vehicle. The term does not include a vehicle that |
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runs exclusively on fixed rails or tracks or a piece of equipment |
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operated solely on private property. |
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SECTION 2. Section 7(b), Article 4413(37), Revised |
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Statutes, is amended to read as follows: |
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(b) The plan of operation must include: |
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(1) an assessment of the scope of the problems of motor |
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vehicle [automobile] theft and economic motor vehicle [automobile] |
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theft, including particular areas of the state where the problems |
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are greatest; |
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(2) an analysis of various methods of combating the |
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problems of motor vehicle [automobile] theft and economic motor |
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vehicle [automobile] theft; |
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(3) a plan for providing financial support to combat |
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motor vehicle [automobile] theft and economic motor vehicle |
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[automobile] theft; and |
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(4) an estimate of the funds required to implement the |
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plan of operation. |
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SECTION 3. Section 8(a), Article 4413(37), Revised |
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Statutes, is amended to read as follows: |
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(a) Money appropriated to the department for authority |
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purposes shall be used by the authority to pay the department for |
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administrative costs and to achieve the purposes of this article, |
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including: |
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(1) establishing and funding the motor vehicle |
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[automobile] registration program required by Section 9 of this |
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article; |
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(2) providing financial support to law enforcement |
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agencies for economic motor vehicle [automobile] theft enforcement |
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teams; |
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(3) providing financial support to law enforcement |
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agencies, local prosecutors, judicial agencies, and neighborhood, |
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community, business, and nonprofit organizations for programs |
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designed to reduce the incidence of economic motor vehicle |
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[automobile] theft; |
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(4) conducting educational programs designed to |
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inform motor vehicle [automobile] owners of methods of preventing |
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motor vehicle [automobile] theft; |
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(5) providing equipment, for experimental purposes, |
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to assist motor vehicle [automobile] owners in preventing motor |
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vehicle [automobile] theft; and |
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(6) establishing a uniform program to prevent stolen |
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motor vehicles from entering Mexico. |
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SECTION 4. The heading to Section 9, Article 4413(37), |
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Revised Statutes, is amended to read as follows: |
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Sec. 9. MOTOR VEHICLE [AUTOMOBILE] REGISTRATION PROGRAM. |
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SECTION 5. Sections 9(a) through (f), Article 4413(37), |
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Revised Statutes, are amended to read as follows: |
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(a) The authority shall develop a statewide motor vehicle |
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[automobile] registration program to be administered by the |
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Department of Public Safety. |
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(b) The authority shall identify a period of the day during |
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which most motor vehicles [automobiles] are not used. An owner of a |
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motor vehicle [an automobile] that does not usually use the motor |
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vehicle [automobile] during that period may register the motor |
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vehicle [automobile] with the Department of Public Safety in |
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accordance with the program developed by the authority. |
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(c) The authority shall develop a form for registration of |
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a motor vehicle [an automobile] under the program. The form shall |
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advise the owner of the motor vehicle [automobile] of the |
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provisions of Subsection (f) of this section. A motor vehicle [An
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automobile] may not be registered under the program unless the |
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owner consents to the provisions of Subsection (f) of this section. |
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(d) The program must provide a method for an owner to |
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withdraw a motor vehicle [an automobile] from the program. The |
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program may not require owners of motor vehicles [automobiles] to |
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participate in the program. |
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(e) The department shall issue to the owner of a motor |
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vehicle [an automobile] registered under this section a decal or |
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other appropriate identifying marker to be affixed to the motor |
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vehicle [automobile] to indicate that the motor vehicle |
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[automobile] is registered with the program. |
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(f) A peace officer who observes a registered motor vehicle |
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[automobile] that is being operated during the period of the day |
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identified by the authority under Subsection (b) of this section |
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may stop the motor vehicle [automobile] to determine whether the |
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motor vehicle [automobile] is being operated by the owner or with |
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the owner's permission. |
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SECTION 6. Section 11, Article 4413(37), Revised Statutes, |
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is amended to read as follows: |
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Sec. 11. PERFORMANCE REVIEW. (a) In this section, "motor |
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vehicle theft rate" ["automobile theft rate"] means the ratio of |
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motor vehicle [automobile] thefts in this state to the number of |
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motor vehicles [automobiles] in this state. The ratio shall be |
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based on statistical information provided by the Department of |
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Public Safety's uniform crime reporting division. |
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(b) The authority shall determine the motor vehicle |
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[automobile] theft rate as of the date a majority of the members of |
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the authority are appointed and have qualified for office and shall |
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report the rate to the lieutenant governor and the speaker of the |
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house of representatives. The report required by this subsection |
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shall be made not later than 30 days after the date on which a |
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majority of the initial members of the authority are appointed and |
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have qualified for office. |
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SECTION 7. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3225 was passed by the House on April |
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27, 2007, by the following vote: Yeas 132, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3225 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |