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Amend CSHB 3097 (House committee printing) as follows:
(1) On page 1, line 21, after the semicolon, strike "and".
(2) On page 1, line 22, strike "." and substitute "; and".
(3) On page 1, between lines 22 and 23, insert:
"(4) Article 4413(37), Revised Statutes."
(4) Strike PART R of ARTICLE 2 of the bill (page 24, line 1
through page 28, line 25) and substitute the following:
PART R. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
SECTION 2R.01. Section 1(3), Article 4413(37), Revised
Statutes, is amended to read as follows:
(3) "Department" means the Texas Department of Motor
Vehicles [Transportation].
SECTION 2R.02. Section 2, Article 4413(37), Revised
Statutes, is amended to read as follows:
Sec. 2. The Automobile Burglary and Theft Prevention
Authority is a division [established] in the Texas Department of
Motor Vehicles [Transportation]. [The authority is not an advisory
body to the Texas Department of Transportation.]
SECTION 2R.03. Section 6, Article 4413(37), Revised
Statutes, is amended by adding Subsections (j) and (k) to read as
follows:
(j) In addition to any report required under Subsection (i),
each year the authority shall prepare and submit an annual
financial report in the form and manner required of a state agency
by Section 2101.011, Government Code.
(k) The authority may not make a grant of appropriated funds
unless the grant application is submitted to and approved by the
governor, or a person in the office of the governor designated by
the governor.
SECTION 2R.04. Section 8, Article 4413(37), Revised
Statutes, is amended by adding Subsections (d) and (e) to read as
follows:
(d) Money received by the authority under this article shall
be sent to the comptroller for deposit in a separate account in the
treasury.
(e) As part of the appropriation process the legislature
shall determine and in the General Appropriations Act the
legislature shall specify the amount of money the authority may use
to make grants or provide financial assistance under this article
during each of the state fiscal years covered by the General
Appropriations Act.
(5) Strike SECTION 4.02 of the bill (page 80, line 13
through page 81, line 2) and substitute the following:
SECTION 4.02. (a) All powers, duties, obligations, and
rights of action of the Automobile Burglary and Theft Prevention
Authority Office of the Texas Department of Transportation under
Article 4413(37), Revised Statutes, are transferred to the
Automobile Burglary and Theft Prevention Authority Division of the
Texas Department of Motor Vehicles, and all powers, duties,
obligations, and rights of action of the Texas Transportation
Commission in connection or associated with the Automobile Burglary
and Theft Prevention Authority Office of the Texas Department of
Transportation are transferred to the board of the Texas Department
of Motor Vehicles on November 1, 2009.
(b) In connection with the transfers required by Subsection
(a) of this section, the personnel, furniture, computers, other
property and equipment, files, and related materials used by the
Automobile Burglary and Theft Prevention Authority Office of the
Texas Department of Transportation are transferred to the
Automobile Burglary and Theft Prevention Authority Division of the
Texas Department of Motor Vehicles.
(c) The Automobile Burglary and Theft Prevention Authority
Division of the Texas Department of Motor Vehicles shall continue
any proceeding involving the Automobile Burglary and Theft
Prevention Authority Office of the Texas Department of
Transportation that was brought before the effective date of this
Act in accordance with the law in effect on the date the proceeding
was brought, and the former law is continued in effect for that
purpose.
(d) A certificate, license, document, permit, registration,
or other authorization issued by the Automobile Burglary and Theft
Prevention Authority Office of the Texas Department of
Transportation that is in effect on the effective date of this Act
remains valid for the period for which it was issued unless
suspended or revoked by the Automobile Burglary and Theft
Prevention Authority Division of the Texas Department of Motor
Vehicles.
(e) A rule adopted by the Automobile Burglary and Theft
Prevention Authority Office of the Texas Department of
Transportation, the Texas Transportation Commission, or the
director of the Texas Department of Transportation in connection
with or relating to the Automobile Burglary and Theft Prevention
Authority Office of that department continues in effect until it is
amended or repealed by the board of the Texas Department of Motor
Vehicles or the Automobile Burglary and Theft Prevention Authority
Division of the Texas Department of Motor Vehicles, as applicable.
(f) The unobligated and unexpended balance of any
appropriations made to the Texas Department of Transportation in
connection with or relating to the Automobile Burglary and Theft
Prevention Authority Office of that department for the state fiscal
biennium ending August 31, 2009, is transferred and reappropriated
to the Texas Department of Motor Vehicles for the purpose of
implementing the powers, duties, obligations, and rights of action
transferred to that department under Subsection (a) of this
section.