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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Vehicle and Watercraft |
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Crime Prevention Authority and to the creation of the vehicle and |
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watercraft crime prevention account. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Article 4413(37), Revised |
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Statutes, is amended to read as follows: |
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Art. 4413(37). VEHICLE AND WATERCRAFT CRIME [AUTOMOBILE
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BURGLARY AND THEFT] PREVENTION AUTHORITY |
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SECTION 2. Section 1, Article 4413(37), Revised Statutes, |
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is amended by amending Subdivisions (1) and (5) and adding |
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Subdivisions (4-a) and (6) to read as follows: |
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(1) "Authority" means the Vehicle and Watercraft Crime |
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[Automobile Burglary and Theft] Prevention Authority. |
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(4-a) "Economic watercraft theft" means watercraft |
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burglary or theft committed for financial gain. |
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(5) "Motor vehicle" means a self-propelled vehicle, |
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[or] a vehicle, trailer, or semitrailer designed for use with a |
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self-propelled vehicle, an all-terrain vehicle or a recreational |
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off-highway vehicle, as those terms are defined by Section 502.001, |
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Transportation Code, or a motorcycle, motor-driven cycle, or |
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moped. The term does not include a vehicle that runs exclusively |
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on fixed rails or tracks or a piece of equipment operated solely on |
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private property. |
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(6) "Watercraft" means any boat, motorboat, or |
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personal watercraft, other than a seaplane on water, used or |
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capable of being used for transportation on water. |
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SECTION 3. Section 1(2), Article 4413(37), Revised |
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Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B. |
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3225), Acts of the 80th Legislature, Regular Session, 2007, is |
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reenacted to read as follows: |
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(2) "Economic motor vehicle theft" means motor vehicle |
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burglary or theft committed for financial gain. |
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SECTION 4. Section 2, Article 4413(37), Revised Statutes, |
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is amended to read as follows: |
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Sec. 2. ESTABLISHMENT OF AUTHORITY. The Vehicle and |
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Watercraft Crime [Automobile Burglary and Theft] Prevention |
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Authority is established in the Texas Department of Motor Vehicles. |
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The authority is not an advisory body to the Texas Department of |
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Motor Vehicles. |
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SECTION 5. Section 7(b), Article 4413(37), Revised |
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Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B. |
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3225), Acts of the 80th Legislature, Regular Session, 2007, is |
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reenacted and 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 burglary or theft, watercraft burglary or theft, [and] |
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economic motor vehicle theft, and economic watercraft theft, |
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including particular areas of the state where the problems are |
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greatest; |
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(2) an analysis of various methods of combating the |
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problems of motor vehicle burglary or theft, watercraft burglary or |
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theft, [and] economic motor vehicle theft, and economic watercraft |
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theft; |
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(3) a plan for providing financial support to combat |
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motor vehicle burglary or theft, watercraft burglary or theft, |
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[and] economic motor vehicle theft, and economic watercraft theft; |
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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 6. Section 8(a), Article 4413(37), Revised |
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Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B. |
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3225), Acts of the 80th Legislature, Regular Session, 2007, is |
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reenacted and 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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registration program required by Section 9 of this article; |
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(2) providing financial support to law enforcement |
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agencies for economic motor vehicle theft and economic watercraft |
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theft enforcement 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 theft |
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and economic watercraft theft; |
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(4) conducting educational programs designed to |
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inform motor vehicle and watercraft owners of methods of preventing |
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motor vehicle and watercraft burglary or theft; |
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(5) providing equipment, for experimental purposes, |
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to assist motor vehicle and watercraft owners in preventing motor |
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vehicle and watercraft burglary or theft; and |
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(6) establishing a uniform program to prevent stolen |
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motor vehicles and watercraft from entering Mexico. |
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SECTION 7. Section 10(a), Article 4413(37), Revised |
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Statutes, is amended by adding Subdivision (3) to read as follows: |
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(3) "Watercraft years of insurance" means the total |
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number of years or portions of years during which a watercraft is |
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covered by insurance. |
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SECTION 8. Section 10, Article 4413(37), Revised Statutes, |
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is amended by amending Subsection (b) and adding Subsection (e) to |
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read as follows: |
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(b) An insurer shall pay to the authority a fee equal to the |
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sum of $2.50 [$1] multiplied by the total number of motor vehicle |
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years of insurance for insurance policies delivered, issued for |
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delivery, or renewed by the insurer and $2.50 multiplied by the |
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total number of watercraft years of insurance for insurance |
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policies delivered, issued for delivery, or renewed by the insurer. |
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The fee shall be paid not later than: |
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(1) March 1 of each year for a policy issued, |
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delivered, or renewed from July 1 through December 31 of the |
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previous calendar year; and |
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(2) August 1 of each year for a policy issued, |
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delivered, or renewed from January 1 through June 30 of that year. |
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(e) Sixty percent of each fee collected under Subsection (b) |
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of this section shall be deposited to the credit of the vehicle and |
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watercraft crime prevention account. |
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SECTION 9. Article 4413(37), Revised Statutes, is amended |
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by adding Section 10A to read as follows: |
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Sec. 10A. VEHICLE AND WATERCRAFT CRIME PREVENTION ACCOUNT. |
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(a) The vehicle and watercraft crime prevention account is an |
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account in the general revenue fund that shall be appropriated only |
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to the authority to pay administrative costs and to achieve the |
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purposes of this article. |
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(b) The account consists of money deposited to the credit of |
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the account, including money deposited under Section 10(e) of this |
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article. |
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(c) Interest on the account shall be credited to the |
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account. |
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(d) Section 403.095, Government Code, does not apply to the |
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account. |
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SECTION 10. Section 11(a), Article 4413(37), Revised |
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Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B. |
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3225), Acts of the 80th Legislature, Regular Session, 2007, is |
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reenacted to read as follows: |
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(a) In this section, "motor vehicle theft rate" means the |
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ratio of motor vehicle burglaries or thefts in this state to the |
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number of motor vehicles in this state. The ratio shall be based on |
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statistical information provided by the Department of Public |
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Safety's uniform crime reporting division. |
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SECTION 11. The change in law made by this Act applies only |
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to an insurance policy issued, delivered, or renewed on or after the |
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effective date of this Act. An insurance policy issued, delivered, |
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or renewed before the effective date of this Act is governed by the |
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law in effect on the date the insurance policy was issued, |
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delivered, or renewed, and the former law is continued in effect for |
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that purpose. |
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SECTION 12. This Act takes effect September 1, 2011. |