Art. 4413(37). AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
Sec. 1. DEFINITIONS. In this article:
(1) "Authority" means the Automobile Burglary and Theft Prevention Authority.
Text of subdivision as amended by Acts 2007, 80th Leg., R.S., Ch. 308 (H.B. 1887), Sec. 5
(2) "Economic automobile theft" means automobile burglary or theft committed for financial gain.
Text of subdivision as amended by Acts 2007, 80th Leg., R.S., Ch. 927 (H.B. 3225), Sec. 1
(2) "Economic motor vehicle theft" means motor vehicle theft committed for financial gain.
(3) "Department" means the Texas Department of Motor Vehicles.
(4) "Director" means the executive director of the Texas Department of Transportation.
(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.
Sec. 2. The Automobile Burglary and Theft Prevention Authority is established in the Texas Department of Motor Vehicles. The authority is not an advisory body to the Texas Department of Motor Vehicles.
Sec. 3. APPOINTMENT OF AUTHORITY. (a) The authority is composed of seven members.
(b) The governor, with the advice and consent of the senate, shall appoint the following six members:
(1) two representatives of motor vehicle insurance consumers;
(2) two representatives of insurance companies writing motor vehicle insurance in this state; and
(3) two representatives of law enforcement.
(c) The director of the Department of Public Safety or the director's designee serves ex officio as the seventh member of the authority.
(d) Appointments to the authority shall be made without regard to race, color, disability, sex, religion, age, or national origin of the appointees.
(e) The six members of the authority appointed by the governor serve staggered six-year terms, with the terms of two members expiring February 1 of each odd-numbered year. If there is a vacancy during a term, the governor shall appoint a replacement who meets the requirements of the vacant office to fill the unexpired term.
(f) It is a ground for removal from the authority if a member:
(1) does not have at the time of appointment the qualifications required by Subsection (b) or is disqualified under Subsection (i) or (k) of this section;
(2) does not maintain during service on the authority the qualifications required by Subsection (b) or becomes disqualified under Subsection (i) or (k) of this section;
(3) cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed; or
(4) is absent from more than half of the regularly scheduled authority meetings that the member is eligible to attend during a calendar year.
(g) The validity of an action of the authority is not affected by the fact that it is taken when a ground for removal of a member of the authority exists.
(h) If the director has knowledge that a potential ground for removal exists, the director shall notify the presiding officer of the authority of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the director shall notify the next highest officer of the authority, who shall notify the governor and the attorney general that a potential ground for removal exists.
(i) A person is not eligible for appointment as a representative of motor vehicle insurance consumers under Subsection (b)(1) of this section if the person or the person's spouse:
(1) is registered, certified, or licensed by an occupational regulatory agency in the field of motor vehicle insurance or law enforcement;
(2) is an officer, employee, or paid consultant of a Texas trade association in the field of motor vehicle insurance or law enforcement;
(3) is employed by or participates in the management of a business entity or other organization receiving funds from the authority;
(4) owns or controls, directly or indirectly, more than a 10-percent interest in a business entity or other organization receiving funds from the authority; or
(5) uses or receives a substantial amount of tangible goods, services, or funds from the authority, other than reimbursement authorized by law for service on the board of the authority.
(j) For purposes of Subsection (i)(2) of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(k) A person may not serve as a member of the authority or act as the general counsel to the authority if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to law enforcement or motor vehicle insurance.
(l) The director or the director's designee shall provide to members of the authority, as often as necessary, information regarding their qualifications for office under this article and their responsibilities under applicable laws relating to standards of conduct for state officers.
Sec. 4. EXPENSES. A member of the authority is not entitled to compensation but is entitled to reimbursement for expenses incurred in performing the member's duties at the rate provided in the General Appropriations Act.
Sec. 5. OFFICERS; MEETINGS. (a) The governor shall designate a member of the authority as the presiding officer of the authority to serve in that capacity at the pleasure of the governor.
(b) The authority shall meet at the call of the chairman or at the call of four members.
(c) To be eligible to take office as a member of the authority, a person appointed to the authority must complete at least one course of a training program that complies with Subsection (d).
(d) The training program required by Subsection (c) must provide information to the person regarding:
(1) the enabling legislation that created the authority and its policymaking body to which the member is appointed to serve;
(2) the programs operated by the authority;
(3) the role and functions of the authority;
(4) the rules of the authority and the department;
(5) the current budget for the authority;
(6) the results of the most recent formal audit of the authority;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government Code;
(B) open records law, Chapter 552, Government Code; and
(C) administrative procedure law, Chapter 2001, Government Code;
(8) the requirements of the conflict-of-interest laws and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(e) A person appointed to the authority is entitled to reimbursement for travel expenses incurred in attending the training program required by Subsection (c) as provided by the General Appropriations Act and as if the person were a member of the authority.
Sec. 6. POWERS AND DUTIES. (a) The authority shall adopt rules to implement its powers and duties.
(b) The authority may solicit and accept gifts and grants.
(c) The authority may use only staff of the department and may delegate authority to the staff as needed.
(d) Not later than April 1 of each year, the authority shall report on its activities to the lieutenant governor and the speaker of the house of representatives.
(e) The authority may be provided various services only by or through the department as needed to carry out its purposes, powers, and duties. These services may include, but are not limited to, legal services not provided by the attorney general, fiscal services, administrative services, and personnel services. Except as provided by this section, the authority may enter into contracts in its own name and on its own behalf with recipients of grants for purposes of this article.
(f) The department shall provide personnel and services to the authority as agreed by the authority and the department.
(g) The authority shall, in coordination with the department, develop and implement policies that clearly separate the policymaking responsibilities of the authority and the management responsibilities of the department.
(h) The authority shall develop and implement policies that provide the public with a reasonable opportunity to appear before the authority and to speak on any issue under its jurisdiction.
(i) The authority shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the authority during the preceding fiscal year. The annual report must meet the reporting requirements applicable to financial reporting provided in the General Appropriations Act.
(j) The authority shall:
(1) develop and use standard performance measures for each category of grants provided by the authority in order to assess grantee success in achieving the purposes of this article; and
(2) ensure that grants are used to help increase:
(A) the recovery rate of stolen motor vehicles;
(B) the clearance rate of motor vehicle burglaries and thefts; and
(C) the number of persons arrested for motor vehicle burglary and theft.
(k) The authority shall allocate grant funds primarily based on the number of motor vehicles stolen in, or the motor vehicle burglary or theft rate across, the state rather than based on geographic distribution.
Sec. 6A. POWER TO REFUND. (a) The authority may make determinations regarding the sufficiency of payments made by an "insurer" (as defined under Section 10 of this article) of fees collected pursuant to Section 10 of this article.
(b) Pursuant to such determination, the authority may:
(1) notify the comptroller that payments made by an insurer are sufficient; and
(2) request the comptroller to draw warrants on the funds available to the authority for the purpose of refunding monies to an insurer.
(c) The authority shall make the determination under Subsection (b) of this section as follows:
(1) the two members of the authority who are representatives of insurance companies writing motor vehicle insurance in this state shall recuse themselves;
(2) the remaining five members of the authority shall make the determination by a simple majority vote.
(d) Determinations made under this section shall be performed in accordance with procedures set forth in rules adopted by the 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).
(e) Except as provided by Subsection (f), a request for a refund made under this section must be made not later than four years after the date the payment was made to the authority under Section 10 of this article.
(f) This subsection expires September 1, 2017. Notwithstanding Subsection (e) of this section, an insurer must refile a request for a refund under this section with the authority not later than November 1, 2015, if the request was:
(1) initially made after January 1, 2010;
(2) initially made before September 1, 2015; and
(3) denied before September 1, 2015, solely on the basis of the six-month deadline established by Section 11, Chapter 305 (H.B. 1387), Acts of the 75th Legislature, Regular Session, 1997.
Sec. 7. PLAN OF OPERATION. (a) The authority shall develop and implement a plan of operation. The plan of operation must be updated biennially and filed with the legislature on or before December 1 of each even-numbered year.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 308 (H.B. 1887), Sec. 8
(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.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 927 (H.B. 3225), Sec. 2
(b) The plan of operation must include:
(1) an assessment of the scope of the problems of motor vehicle theft and economic motor vehicle 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 theft and economic motor vehicle theft;
(3) a plan for providing financial support to combat motor vehicle theft and economic motor vehicle theft; and
(4) an estimate of the funds required to implement the plan of operation.
Sec. 8. USE OF APPROPRIATED FUNDS.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 308 (H.B. 1887), Sec. 9
(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.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 927 (H.B. 3225), Sec. 3
(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 registration program required by Section 9 of this article;
(2) providing financial support to law enforcement agencies for economic motor vehicle 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 theft;
(4) conducting educational programs designed to inform motor vehicle owners of methods of preventing motor vehicle theft;
(5) providing equipment, for experimental purposes, to assist motor vehicle owners in preventing motor vehicle theft; and
(6) establishing a uniform program to prevent stolen motor vehicles from entering Mexico.
(b) In any fiscal year, the amount of the administrative expenses of the authority, including salaries, travel and marketing expenses, and other overhead expenses may not exceed eight percent of the total expenditures of the authority.
(c) The cost of personnel and services provided to the authority by the department and by the attorney general may be paid only from appropriations made for authority purposes. Appropriations made for authority purposes may not be used for any other purpose.
Sec. 9. MOTOR VEHICLE REGISTRATION PROGRAM. (a) The Department of Public Safety may administer a statewide motor vehicle registration program. This section applies only if the Department of Public Safety administers the program.
(b) The authority shall identify a period of the day during which most motor vehicles are not used. An owner of a motor vehicle that does not usually use the motor vehicle during that period may register the motor vehicle 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 under the program. The form shall advise the owner of the motor vehicle of the provisions of Subsection (f) of this section. A motor vehicle 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 from the program. The program may not require owners of motor vehicles to participate in the program.
(e) The department shall issue to the owner of a motor vehicle registered under this section a decal or other appropriate identifying marker to be affixed to the motor vehicle to indicate that the motor vehicle is registered with the program.
(f) A peace officer who observes a registered motor vehicle 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 to determine whether the motor vehicle is being operated by the owner or with the owner's permission.
(g) The Department of Public Safety shall adopt rules to administer the program and shall adopt fees in an amount sufficient to recover the cost of administering the program.
(h) The Department of Public Safety shall collect data regarding theft rates and types of motor vehicles enrolled in the program, the recovery rate for stolen motor vehicles enrolled in the program, and the clearance rate of burglaries and thefts of motor vehicles enrolled in the program.
Sec. 10. FEE. (a) In this section:
(1) "Insurer" means any insurance company writing any form of motor vehicle insurance in this state, including an interinsurance or reciprocal exchange, mutual company, mutual association, or Lloyd's plan.
(2) "Motor vehicle years of insurance" means the total number of years or portions of years during which a motor vehicle is covered by insurance.
(b) An insurer shall pay to the authority a fee equal to $2 multiplied by the total number of motor vehicle years of insurance for insurance policies delivered, issued for delivery, or renewed by the insurer. The fee shall be paid not later than:
(1) March 1 of each year for a policy issued, delivered, or renewed from July 1 through December 31 of the previous calendar year; and
(2) August 1 of each year for a policy issued, delivered, or renewed from January 1 through June 30 of that year.
(c) The fee imposed by this section is in addition to any other fee or tax imposed by law on an insurer.
(d) The authority shall notify the State Board of Insurance of any insurer that fails to pay the fee required by this section, and the board may for that reason revoke the insurer's certificate of authority.
(e) Fifty percent of each fee collected under Subsection (b) may be appropriated only to the authority for the purposes of this article.
Text of section as amended by Acts 2007, 80th Leg., R.S., Ch. 927 (H.B. 3225), Sec. 6
Sec. 11. PERFORMANCE REVIEW. (a) In this section, "motor vehicle theft rate" means the ratio of motor vehicle thefts in this state to the number of motor vehicles in this state. The ratio shall be based on statistical information provided by the Department of Public Safety's uniform crime reporting division.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 308 (H.B. 1887), Sec. 10
(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.
(b) The authority shall determine the motor vehicle 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.
Sec. 12. ADVISORY COMMITTEES. (a) The authority may establish advisory committees to advise it on any matter under the jurisdiction of the authority.
(b) Section 2110.008, Government Code, does not apply to an advisory committee established under this section if the advisory committee is:
(1) established for a specific and immediate need; and
(2) dissolved before the first anniversary of the date the committee is created.
(c) A member of an advisory committee may not be compensated by the authority for committee service but is entitled to reimbursement for actual and necessary expenses incurred in the performance of committee service.
Added by Acts 1991, 72nd Leg., ch. 243, Sec. 1, eff. June 6, 1991. Sec. 12 amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 3.09, eff. Nov. 12, 1991; Sec. 11(c) amended by Acts 1993, 73rd Leg., ch. 47, Sec. 1, eff. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. 953, Sec. 1, eff. June 16, 1995; Sec. 1(3), (4) added by Acts 1997, 75th Leg., ch. 305, Sec. 1, eff. Sept. 1, 1997; Sec. 2 amended by Acts 1997, 75th Leg., ch. 305, Sec. 2, eff. Sept. 1, 1997; Sec. 3(d), (f), (h) amended by and Sec. 3(i) to (l) added by Acts 1997, 75th Leg., ch. 305, Sec. 3, eff. Sept. 1, 1997; Sec. 5(a) amended by and Sec. 5(c) to (e) added by Acts 1997, 75th Leg., ch. 305, Sec. 4, eff. Sept. 1, 1997; Sec. 6(c), (e) amended by and Sec. 6(f) to (i) added by Acts 1997, 75th Leg., ch. 305, Sec. 5, eff. Sept. 1, 1997; Sec. 6A(b) amended by Acts 1997, 75th Leg., ch. 305, Sec. 6, eff. Sept. 1, 1997; Sec. 6A(e) repealed by Acts 1997, 75th Leg., ch. 305, Sec. 10(1), eff. Sept. 1, 1997; Sec. 8 amended by Acts 1997, 75th Leg., ch. 305, Sec. 7, eff. Sept. 1, 1997; Sec. 8(b) amended by Acts 1997, 75th Leg., ch. 1423, Sec. 21.45, eff. Sept. 1, 1997; Sec. 9(g) amended by Acts 1997, 75th Leg., ch. 305, Sec. 8, eff. Sept. 1, 1997; Sec. 10(b) amended by Acts 1997, 75th Leg., ch. 305, Sec. 9, eff. Aug. 1, 1998; Sec. 10(e) repealed by Acts 1997, 75th Leg., ch. 305, Sec. 10(2), eff. Sept. 1, 1997; Sec. 12 repealed by Acts 1997, 75th Leg., ch. 305, Sec. 10(3), eff. Sept. 1, 1997; Sec. 12 added by Acts 2001, 77th Leg., ch. 102, Sec. 1, eff. May 11, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 308 (H.B. 1887), Sec. 4, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 308 (H.B. 1887), Sec. 5, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 308 (H.B. 1887), Sec. 6, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 308 (H.B. 1887), Sec. 7, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 308 (H.B. 1887), Sec. 8, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 308 (H.B. 1887), Sec. 9, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 308 (H.B. 1887), Sec. 10, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 927 (H.B. 3225), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 927 (H.B. 3225), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 927 (H.B. 3225), Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 927 (H.B. 3225), Sec. 4, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 927 (H.B. 3225), Sec. 5, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 927 (H.B. 3225), Sec. 6, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 2V.01, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 2V.02, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1252 (H.B. 1541), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1252 (H.B. 1541), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1252 (H.B. 1541), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1252 (H.B. 1541), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1252 (H.B. 1541), Sec. 5, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 561 (H.B. 2424), Sec. 1, eff. September 1, 2015.
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