43 TAC §57.36
The Automobile Theft Prevention Authority (ATPA) proposes
amendments to §57.36, concerning the level of funding for projects receiving
ATPA grant funds. ATPA has statutory authority to determine funding levels.
Proposed changes 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 apply 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.
Susan Sampson, Director of the ATPA, has determined that for each year
of the first five years that the proposed amendments will be in effect, there
may be some fiscal implications to state and local governments who are ATPA
grantees, as a result of enforcing or administering the amended rule. An actual
dollar amount cannot be determined. The fiscal implications for a particular
governmental body will be determined by the amount of funds requested by a
governmental body above the funding level of the grantee's award and the requirement
that the cash match contributions be expended prior to the ATPA funds awarded,
for each funding year. It is not anticipated that any mandatory increase or
decrease in expenses as result of these proposed amendments will occur since
participation by state and local governments is permissive. There will be
no other fiscal implications to state government as a result of enforcing
or administering the amended rule as proposed.
Ms. Sampson has also determined that, for each year of the first five years
the proposed amendments will be in effect, the public will benefit by sufficient
funding from both ATPA and grantees of successful ATPA projects. Additionally,
for the same period of time, Ms. Sampson has determined that there is no anticipated
economic costs to persons required to comply with the amended rule, except
as already explained above in the fiscal implications for governmental bodies
who are ATPA grantees. For the same period, there is no anticipated adverse
economic effect on small or micro businesses with the amendment as proposed.
Comments on the proposal may be submitted to Susan Sampson, Director, Automobile
Theft Prevention Authority, 4000 Jackson Avenue, Austin, Texas 78731, for
a period of 30 days following publication in this issue of the
Texas Register
.
The amendments are proposed 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).
The following statute is affected by the amendments to §57.36: Texas
Civil Statutes, Article 4413(37) §§6(a), 7, and 8.
§57.36.Level of Funding for Grant Projects.
(a)
Except as provided in
subsection
[
subsections
(d) and
] (f) of this section, the level of ATPA funding for a project
may not exceed the following annual rates:
(1) - (2)
(No change.)
(b) - (c)
(No change.)
(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
[
in an 80% funding year, may apply for additional funding
above 80% of the second year award if the grantee contributes a cash match
of 20% of the total ATPA award
].
(e)
A grantee awarded [
additional
] ATPA funds [
as provided in subsection (d) of this section
] 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
costs incurred in conjunction with
] the consolidation of existing grant
programs or the inclusion of new agencies in a current grant program.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 7, 2006.
TRD-200601429
Susan Sampson
Director
Automobile Theft Prevention Authority
Earliest possible date of adoption: April 23, 2006
For further information, please call: (512) 374-5101