43 TAC §57.35, §57.36
The Automobile Theft Prevention Authority (ATPA) adopts amendments
to §57.35 and §57.36, concerning the level of funding for projects
receiving ATPA grant funds. The ATPA has statutory authority to determine
funding levels. The amendments to §§57.35 and 57.36 are adopted
without change to the proposed version, which was published in the
Texas Register
, on December 18, 1998, (23 TexReg 12906). The text of
the adopted rules will not be republished.
The amendments to subsections (a), (c), and (d) of §57.36 delete the
requirement for a cash or in-kind match by a grantee in order to receive ATPA
funds after the second year of funding. The current maximum levels of funding
as provided in subsection (a) are not changed. However, in subsection (d)
and a new subsection (e), the ATPA allows a grantee to request ATPA funds
above its 80% maximum of the second year award in a project's third grant
year and thereafter, provided the grantee contributes a cash match of 20%
of the total ATPA funds awarded. Currently, a grantee, beginning in the third
year of a project, is restricted to a maximum funding level of 80% of the
second year award. The original intent of this restriction was to encourage
projects to become, in part, self-funded. Inadvertently, this restriction
has prevented the ATPA from awarding sufficient funding to successful projects,
after the second year. Under this amendment, the ATPA will consider increased
funding above the 80% restriction for qualified projects to assist in covering
annual cost increases and to support continued growth. However, in order to
receive this additional funding, a grantee must contribute a 20% cash match,
which must be expended prior to the expenditure of any ATPA funds. In this
manner, the ATPA hopes to encourage self-funding and at the same time provide
sufficient ATPA funding for successful projects that should be continued at
current activity levels or expanded.
New subsection (f) allows grantees in their 80% year of funding to be awarded
additional funding, without cash match, to encourage the consolidation of
programs or the inclusion of new agencies in current grant programs. Allowing
programs to consolidate or add new agencies should result in a more cost efficient
disbursement of funds and enable the ATPA to continue to expand the geographic
coverage of ATPA sponsored auto theft prevention efforts. For consistency
with the changes to §57.36, paragraph (3) of §57.35, which sets
out requirements for continued funding, is amended by referencing the new
§57.36(d). Other changes in text are amended for clarity, grammar, consistency
and format.
No written comments were received regarding adoption of the amendments.
These amendments are adopted under Texas Civil Statutes, Article
4413(37), §6(a). The ATPA interprets §6(a) as authorizing it to
adopt rules implementing its statutory powers and duties, which includes determining
levels of funding for the ATPA grant projects as part of its plan for providing
financial support to combat automobile theft and economic automobile theft
as required by §§7 and 8 of Article 4413(37).
§§57.35, 57.36 --Texas Civil Statutes, Article 4413(37) §§6(a),
7, 8 are affected by this rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
7, 1999.
TRD-9900060
Agustin De La Rosa
Director
Automobile Theft Prevention Authority
Effective date: January 27, 1999
Proposal publication date: December 18, 1998
For further information, please call: (512) 416-4606
43 TAC §57.57
The Automobile Theft Prevention Authority (ATPA) adopts new
§57.57 concerning historically underutilized businesses. The new section
is adopted without change to the proposed version, which was published in
the
Texas Register
, on November 13, 1998,
(23 TexReg 11627). The text of the adopted rule will not be republished. Section
57.57 is necessary to comply with House Bill 1, General Appropriations Act,
75th Legislature, Article IX, Section 124.5 (1997), which directs state agencies
to adopt the rules of the General Services Commission based on that Commission's
State Disparity Study. The rule adopts the Commission's rules by reference.
No written comments were received regarding adoption of the rule.
The new rule is adopted under Texas Civil Statutes, Article 4413(37),
§6(a) which the ATPA interprets as authorizing it to adopt rules implementing
its statutory powers and duties, and House Bill 1, General Appropriations
Act, 75th Legislature, Article IX, §124.5 (1997), which the ATPA interprets
as requiring it to adopt the rules of the General Services Commission based
on the Commission's State Diversity Study.
No statutory or code section is affected by the adopted new rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
7, 1999.
TRD-9900059
Agustin De La Rosa
Director
Automobile Theft Prevention Authority
Effective date: January 27, 1999
Proposal publication date: November 13, 1998
For further information, please call: (512) 416-4606