By: Murphy (Senate Sponsor - Carona) H.B. No. 3225

(In the Senate - Received from the House April 30, 2007; May 2, 2007, read first time and referred to Committee on Transportation and Homeland Security; May 18, 2007, reported favorably by the following vote: Yeas 5, Nays 0; May 18, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the scope of authority of the Automobile Theft Prevention Authority.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1, Article 4413(37), Revised Statutes, is amended by amending Subdivision (2) and adding Subdivision (5) to read as follows:

(2) "Economic motor vehicle [automobile] theft" means motor vehicle [automobile] theft committed for financial gain.

(5) "Motor vehicle" means a self-propelled vehicle or a vehicle, trailer, or semitrailer designed for use with a self-propelled vehicle. The term does not include a vehicle that runs exclusively on fixed rails or tracks or a piece of equipment operated solely on private property.

SECTION 2. Section 7(b), 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 motor vehicle [automobile] theft and economic motor vehicle [automobile] theft, including particular areas of the state where the problems are greatest;

(2) an analysis of various methods of combating the problems of motor vehicle [automobile] theft and economic motor vehicle [automobile] theft;

(3) a plan for providing financial support to combat motor vehicle [automobile] theft and economic motor vehicle [automobile] theft; and

(4) an estimate of the funds required to implement the plan of operation.

SECTION 3. Section 8(a), 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 motor vehicle [automobile] registration program required by Section 9 of this article;

(2) providing financial support to law enforcement agencies for economic motor vehicle [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 motor vehicle [automobile] theft;

(4) conducting educational programs designed to inform motor vehicle [automobile] owners of methods of preventing motor vehicle [automobile] theft;

(5) providing equipment, for experimental purposes, to assist motor vehicle [automobile] owners in preventing motor vehicle [automobile] theft; and

(6) establishing a uniform program to prevent stolen motor vehicles from entering Mexico.

SECTION 4. The heading to Section 9, Article 4413(37), Revised Statutes, is amended to read as follows:

Sec. 9. MOTOR VEHICLE [AUTOMOBILE] REGISTRATION PROGRAM.

SECTION 5. Sections 9(a) through (f), Article 4413(37), Revised Statutes, are amended to read as follows:

(a) The authority shall develop a statewide motor vehicle [automobile] registration program to be administered by the Department of Public Safety.

(b) The authority shall identify a period of the day during which most motor vehicles [automobiles] are not used. An owner of a motor vehicle [an automobile] that does not usually use the motor vehicle [automobile] during that period may register the motor vehicle [automobile] with the Department of Public Safety in accordance with the program developed by the authority.

(c) The authority shall develop a form for registration of a motor vehicle [an automobile] under the program. The form shall advise the owner of the motor vehicle [automobile] of the provisions of Subsection (f) of this section. A motor vehicle [An automobile] may not be registered under the program unless the owner consents to the provisions of Subsection (f) of this section.

(d) The program must provide a method for an owner to withdraw a motor vehicle [an automobile] from the program. The program may not require owners of motor vehicles [automobiles] to participate in the program.

(e) The department shall issue to the owner of a motor vehicle [an automobile] registered under this section a decal or other appropriate identifying marker to be affixed to the motor vehicle [automobile] to indicate that the motor vehicle [automobile] is registered with the program.

(f) A peace officer who observes a registered motor vehicle [automobile] that is being operated during the period of the day identified by the authority under Subsection (b) of this section may stop the motor vehicle [automobile] to determine whether the motor vehicle [automobile] is being operated by the owner or with the owner's permission.

SECTION 6. Section 11, Article 4413(37), Revised Statutes, is amended to read as follows:

Sec. 11. PERFORMANCE REVIEW. (a) In this section, "motor vehicle theft rate" ["automobile theft rate"] means the ratio of motor vehicle [automobile] thefts in this state to the number of motor vehicles [automobiles] in this state. The ratio shall be based on statistical information provided by the Department of Public Safety's uniform crime reporting division.

(b) The authority shall determine the motor vehicle [automobile] theft rate as of the date a majority of the members of the authority are appointed and have qualified for office and shall report the rate to the lieutenant governor and the speaker of the house of representatives. The report required by this subsection shall be made not later than 30 days after the date on which a majority of the initial members of the authority are appointed and have qualified for office.

SECTION 7. This Act takes effect September 1, 2007.

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