By: Lucio III H.B. No. 3915
A BILL TO BE ENTITLED
AN ACT
relating to administration and authority of the Automobile Burglary
and Theft Prevention Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1(2), Article 4413(37), Revised
Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B.
3225), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted to read as follows:
(2) "Economic motor vehicle theft" means motor vehicle
burglary or theft committed for financial gain.
SECTION 2. Section 1(4), Article 4413(37), Revised
Statutes, is amended to read as follows:
(4) "Director" means the [executive] director of the
authority [Texas Department of Transportation].
SECTION 3. Sections 6(j) and (k), Article 4413(37), Revised
Statutes, are amended to read as follows:
(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; and
(D) the criminal enforcement of statutes listed
in Section 1001.002(b), Transportation Code.
(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, or the need to reduce
criminal violations of statutes listed in Section 1001.002(b),
Transportation Code, throughout the state rather than based on
geographic distribution.
SECTION 4. Section 6, Article 4413(37), Revised Statutes,
is amended by adding Subsection (l) to read as follows:
(l) The authority shall appoint a director to serve at the
pleasure of the authority. The director shall perform all duties
assigned by the authority.
SECTION 5. Section 7(b), Article 4413(37), Revised
Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B.
3225), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted and amended to read as follows:
(b) The plan of operation must include:
(1) an assessment of the scope of the problems of motor
vehicle burglary or 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 burglary or theft and economic motor
vehicle theft;
(3) a plan for providing financial support to combat
motor vehicle burglary or theft, [and] economic motor vehicle
theft, and criminal violations of statutes listed in Section
1001.002(b), Transportation Code; and
(4) an estimate of the funds required to implement the
plan of operation.
SECTION 6. Section 8(a), Article 4413(37), Revised
Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B.
3225), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted and 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
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
burglary or theft;
(5) providing equipment, for experimental purposes,
to assist motor vehicle owners in preventing motor vehicle burglary
or theft; [and]
(6) establishing a uniform program to prevent stolen
motor vehicles from entering Mexico; and
(7) providing financial support to law enforcement
agencies, local prosecutors, and judicial agencies for the criminal
enforcement of statutes listed in Section 1001.002(b),
Transportation Code.
SECTION 7. Section 11(a), Article 4413(37), Revised
Statutes, as amended by Chapters 308 (H.B. 1887) and 927 (H.B.
3225), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted to read as follows:
(a) In this section, "motor vehicle theft rate" means the
ratio of motor vehicle burglaries or 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.
SECTION 8. Section 201.805(a), Transportation Code, is
amended to read as follows:
(a) The department shall annually publish in appropriate
media and on the department's Internet website in a format that
allows the information to be read into a commercially available
electronic database a statistical comparison of department
districts and the following information, calculated on a per capita
basis considering the most recent census data and listed for each
county and for the state for each fiscal year:
(1) the number of square miles;
(2) the number of vehicles registered;
(3) the population;
(4) daily vehicle miles;
(5) the number of centerline miles and lane miles;
(6) construction, maintenance, and contracted routine
and preventive maintenance expenditures;
(7) combined construction, maintenance, and
contracted routine and preventive maintenance expenditures;
(8) the number of district and division office
construction and maintenance employees;
(9) information regarding grant programs, including:
(A) [Automobile Theft Prevention Authority
grants;
[(B)] Routine Airport Maintenance Program
grants;
(B) [(C)] Public Transportation Grant Program
grants;
(C) [(D)] Medical Transportation Program grants;
and
(D) [(E)] aviation grants or aviation capital
improvement grants;
(10) approved State Infrastructure Bank loans;
(11) Texas Traffic Safety Program grants and
expenditures;
(12) the dollar amount of any pass-through toll
agreements;
(13) the percentage of highway construction projects
completed on time;
(14) the percentage of highway construction projects
that cost:
(A) more than the contract amount; and
(B) less than the contract amount; and
(15) a description of real property acquired by the
department through the exercise of eminent domain, including the
acreage of the property and the location of the property.
SECTION 9. Sections 6(j) and (k), Article 4413(37), Revised
Statutes, as amended by this Act, apply only in relation to a grant
for which the notice of funds availability or of funding
opportunity is made public on or after the effective date of this
Act.
SECTION 10. This Act takes effect September 1, 2017.