43 TAC §57.36
The Automobile Theft Prevention Authority (ATPA) adopts amendments
to §57.36, concerning the level of funding for projects receiving ATPA
grant funds. ATPA has statutory authority to determine funding levels. The
amendments are adopted, with one grammatical change in subsection (f) to the
proposed version, which was published in the
Texas
Register
, on March 24, 2006 (31 TexReg 2448). The text of the adopted
rules will be republished. The adopted amendments to subsection (d) include
a requirement of a cash match by a grantee in order to receive ATPA funds
beginning in the first year of funding by ATPA. Currently, a cash match is
required only after the second year of funding. The current maximum levels
of funding are not changed, and grantees funded at an 80% level will be able
to applicable for additional funding if needed. Subsection (e) is amended
to require that the cash match must be expended before any ATPA funds are
used, beginning in the first year of funding. In this manner, ATPA hopes to
encourage a minimal level of self-funding starting with new grantees the first
year of funding. Match funding should enable ATPA to spread its funding across
more grantees and provide sufficient ATPA funding for successful projects
that should be continued at current activity levels or expanded. Other changes
in text are proposed for 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 and conditions for 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). §57.36
-- Article 4413(37) §§6(a), 7, 8.
§57.36.Level of Funding for Grant Projects.
(a)
Except as provided in subsection (f) of this section, the
level of ATPA funding for a project may not exceed the following annual rates:
(1)
Years 1 and 2--100% of the grant request for each year.
(2)
Year 3 and thereafter--80% of the second year award.
(b)
Projects that have been funded previously from federal
or other private sources may apply for ATPA funding as continuation grants.
The ATPA will assume funding of the project at a ratio level commensurate
with the project's funding history.
(c)
Equipment costs funded by the ATPA during a project's first
year shall be deducted before the calculation of subsequent year funding.
(d)
A grantee must contribute a cash match of 20% of the total
ATPA award, for each year of funding, in order to be eligible for ATPA funds.
(e)
A grantee awarded ATPA funds must expend its 20% cash contribution
prior to the expenditure of any ATPA funds.
(f)
A grantee, in an 80% funding year, may apply for additional
funding above 80% of the second year award, including for the consolidation
of existing grant programs or the inclusion of new agencies in a current grant
program.
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 August 9, 2006.
TRD-200604153
Susan Sampson
Director
Automobile Theft Prevention Authority
Effective date: August 29, 2006
Proposal publication date: March 24, 2006
For further information, please call: (512) 374-5101