Texas Register
, on February 23, 2001, (26 TexReg
1691). The text of the adopted rules will not be republished.
The purpose of the amendments is to clarify the deadline for making a request
for a determination of sufficiency and a refund of the ATPA fee imposed by
Texas Civil Statutes, Article 4413(37), §10. Article 4413(37), §6A,
authorizes the Authority to determine whether payments of the ATPA fee are
sufficient. The Authority may issue a refund if an overpayment is found. Section
11 of Acts 1997, 75th Leg., ch. 305, sets a deadline for requesting a determination
or refund of six months after the payment is made. Under subsection (b) of §10,
an insurer submits payment to the State, twice a year, each payment reflecting
the amount assessed, based on insurance policies issued over the first and
second six months of a calendar year. Subsection (a) of §57.51 is being
amended to make it clearer that an insurer must request a refund within six
months of each payment in order for the Authority to consider its request.
In other words, a insurer must file a request within six months after its
March 1 payment, for a determination or a refund for the March payment, and
within six months after August 1, for a refund or determination for the August
payment. The Authority cannot consider a request for refund or determination
filed after the six month deadline for each payment.
No written comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Civil Statutes, Article
4413(37), §6(a), which the Authority interprets as authorizing it to
adopt rules implementing its statutory powers and duties, and §6A, which
the Authority interprets as requiring it to adopt rules setting out the procedures
for determination and refund requests. The following are the statutes, articles,
or codes affected by the amendments: §57.51(a) - Article 4413(37), §§6(a),
6A
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 April 30, 2001.
TRD-200102437
Agustin DeLa Rosa
Director
Automobile Theft Prevention Authority
Effective date: May 20, 2001
Proposal publication date: February 23, 2001
For further information, please call: (512) 374-5107