1 | 1 | | By: Lucio III H.B. No. 3915 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to administration and authority of the Automobile Burglary |
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7 | 7 | | and Theft Prevention Authority. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 1(2), Article 4413(37), Revised |
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10 | 10 | | Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B. |
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11 | 11 | | 3225), Acts of the 80th Legislature, Regular Session, 2007, is |
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12 | 12 | | reenacted to read as follows: |
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13 | 13 | | (2) "Economic motor vehicle theft" means motor vehicle |
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14 | 14 | | burglary or theft committed for financial gain. |
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15 | 15 | | SECTION 2. Section 1(4), Article 4413(37), Revised |
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16 | 16 | | Statutes, is amended to read as follows: |
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17 | 17 | | (4) "Director" means the [executive] director of the |
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18 | 18 | | authority [Texas Department of Transportation]. |
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19 | 19 | | SECTION 3. Sections 6(j) and (k), Article 4413(37), Revised |
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20 | 20 | | Statutes, are amended to read as follows: |
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21 | 21 | | (j) The authority shall: |
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22 | 22 | | (1) develop and use standard performance measures for |
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23 | 23 | | each category of grants provided by the authority in order to assess |
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24 | 24 | | grantee success in achieving the purposes of this article; and |
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25 | 25 | | (2) ensure that grants are used to help increase: |
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26 | 26 | | (A) the recovery rate of stolen motor vehicles; |
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27 | 27 | | (B) the clearance rate of motor vehicle |
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28 | 28 | | burglaries and thefts; [and] |
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29 | 29 | | (C) the number of persons arrested for motor |
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30 | 30 | | vehicle burglary and theft; and |
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31 | 31 | | (D) the criminal enforcement of statutes listed |
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32 | 32 | | in Section 1001.002(b), Transportation Code. |
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33 | 33 | | (k) The authority shall allocate grant funds primarily |
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34 | 34 | | based on the number of motor vehicles stolen in, [or] the motor |
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35 | 35 | | vehicle burglary or theft rate across, or the need to reduce |
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36 | 36 | | criminal violations of statutes listed in Section 1001.002(b), |
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37 | 37 | | Transportation Code, throughout the state rather than based on |
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38 | 38 | | geographic distribution. |
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39 | 39 | | SECTION 4. Section 6, Article 4413(37), Revised Statutes, |
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40 | 40 | | is amended by adding Subsection (l) to read as follows: |
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41 | 41 | | (l) The authority shall appoint a director to serve at the |
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42 | 42 | | pleasure of the authority. The director shall perform all duties |
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43 | 43 | | assigned by the authority. |
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44 | 44 | | SECTION 5. Section 7(b), Article 4413(37), Revised |
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45 | 45 | | Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B. |
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46 | 46 | | 3225), Acts of the 80th Legislature, Regular Session, 2007, is |
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47 | 47 | | reenacted and amended to read as follows: |
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48 | 48 | | (b) The plan of operation must include: |
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49 | 49 | | (1) an assessment of the scope of the problems of motor |
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50 | 50 | | vehicle burglary or theft and economic motor vehicle theft, |
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51 | 51 | | including particular areas of the state where the problems are |
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52 | 52 | | greatest; |
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53 | 53 | | (2) an analysis of various methods of combating the |
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54 | 54 | | problems of motor vehicle burglary or theft and economic motor |
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55 | 55 | | vehicle theft; |
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56 | 56 | | (3) a plan for providing financial support to combat |
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57 | 57 | | motor vehicle burglary or theft, [and] economic motor vehicle |
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58 | 58 | | theft, and criminal violations of statutes listed in Section |
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59 | 59 | | 1001.002(b), Transportation Code; and |
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60 | 60 | | (4) an estimate of the funds required to implement the |
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61 | 61 | | plan of operation. |
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62 | 62 | | SECTION 6. Section 8(a), Article 4413(37), Revised |
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63 | 63 | | Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B. |
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64 | 64 | | 3225), Acts of the 80th Legislature, Regular Session, 2007, is |
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65 | 65 | | reenacted and amended to read as follows: |
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66 | 66 | | (a) Money appropriated to the department for authority |
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67 | 67 | | purposes shall be used by the authority to pay the department for |
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68 | 68 | | administrative costs and to achieve the purposes of this article, |
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69 | 69 | | including: |
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70 | 70 | | (1) establishing and funding the motor vehicle |
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71 | 71 | | registration program required by Section 9 of this article; |
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72 | 72 | | (2) providing financial support to law enforcement |
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73 | 73 | | agencies for economic motor vehicle theft enforcement teams; |
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74 | 74 | | (3) providing financial support to law enforcement |
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75 | 75 | | agencies, local prosecutors, judicial agencies, and neighborhood, |
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76 | 76 | | community, business, and nonprofit organizations for programs |
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77 | 77 | | designed to reduce the incidence of economic motor vehicle theft; |
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78 | 78 | | (4) conducting educational programs designed to |
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79 | 79 | | inform motor vehicle owners of methods of preventing motor vehicle |
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80 | 80 | | burglary or theft; |
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81 | 81 | | (5) providing equipment, for experimental purposes, |
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82 | 82 | | to assist motor vehicle owners in preventing motor vehicle burglary |
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83 | 83 | | or theft; [and] |
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84 | 84 | | (6) establishing a uniform program to prevent stolen |
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85 | 85 | | motor vehicles from entering Mexico; and |
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86 | 86 | | (7) providing financial support to law enforcement |
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87 | 87 | | agencies, local prosecutors, and judicial agencies for the criminal |
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88 | 88 | | enforcement of statutes listed in Section 1001.002(b), |
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89 | 89 | | Transportation Code. |
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90 | 90 | | SECTION 7. Section 11(a), Article 4413(37), Revised |
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91 | 91 | | Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B. |
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92 | 92 | | 3225), Acts of the 80th Legislature, Regular Session, 2007, is |
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93 | 93 | | reenacted to read as follows: |
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94 | 94 | | (a) In this section, "motor vehicle theft rate" means the |
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95 | 95 | | ratio of motor vehicle burglaries or thefts in this state to the |
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96 | 96 | | number of motor vehicles in this state. The ratio shall be based on |
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97 | 97 | | statistical information provided by the Department of Public |
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98 | 98 | | Safety's uniform crime reporting division. |
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99 | 99 | | SECTION 8. Section 201.805(a), Transportation Code, is |
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100 | 100 | | amended to read as follows: |
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101 | 101 | | (a) The department shall annually publish in appropriate |
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102 | 102 | | media and on the department's Internet website in a format that |
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103 | 103 | | allows the information to be read into a commercially available |
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104 | 104 | | electronic database a statistical comparison of department |
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105 | 105 | | districts and the following information, calculated on a per capita |
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106 | 106 | | basis considering the most recent census data and listed for each |
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107 | 107 | | county and for the state for each fiscal year: |
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108 | 108 | | (1) the number of square miles; |
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109 | 109 | | (2) the number of vehicles registered; |
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110 | 110 | | (3) the population; |
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111 | 111 | | (4) daily vehicle miles; |
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112 | 112 | | (5) the number of centerline miles and lane miles; |
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113 | 113 | | (6) construction, maintenance, and contracted routine |
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114 | 114 | | and preventive maintenance expenditures; |
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115 | 115 | | (7) combined construction, maintenance, and |
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116 | 116 | | contracted routine and preventive maintenance expenditures; |
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117 | 117 | | (8) the number of district and division office |
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118 | 118 | | construction and maintenance employees; |
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119 | 119 | | (9) information regarding grant programs, including: |
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120 | 120 | | (A) [Automobile Theft Prevention Authority |
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121 | 121 | | grants; |
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122 | 122 | | [(B)] Routine Airport Maintenance Program |
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123 | 123 | | grants; |
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124 | 124 | | (B) [(C)] Public Transportation Grant Program |
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125 | 125 | | grants; |
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126 | 126 | | (C) [(D)] Medical Transportation Program grants; |
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127 | 127 | | and |
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128 | 128 | | (D) [(E)] aviation grants or aviation capital |
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129 | 129 | | improvement grants; |
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130 | 130 | | (10) approved State Infrastructure Bank loans; |
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131 | 131 | | (11) Texas Traffic Safety Program grants and |
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132 | 132 | | expenditures; |
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133 | 133 | | (12) the dollar amount of any pass-through toll |
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134 | 134 | | agreements; |
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135 | 135 | | (13) the percentage of highway construction projects |
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136 | 136 | | completed on time; |
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137 | 137 | | (14) the percentage of highway construction projects |
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138 | 138 | | that cost: |
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139 | 139 | | (A) more than the contract amount; and |
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140 | 140 | | (B) less than the contract amount; and |
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141 | 141 | | (15) a description of real property acquired by the |
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142 | 142 | | department through the exercise of eminent domain, including the |
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143 | 143 | | acreage of the property and the location of the property. |
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144 | 144 | | SECTION 9. Sections 6(j) and (k), Article 4413(37), Revised |
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145 | 145 | | Statutes, as amended by this Act, apply only in relation to a grant |
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146 | 146 | | for which the notice of funds availability or of funding |
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147 | 147 | | opportunity is made public on or after the effective date of this |
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148 | 148 | | Act. |
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149 | 149 | | SECTION 10. This Act takes effect September 1, 2017. |
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