Part 3. AUTOMOBILE THEFT PREVENTION AUTHORITY
Chapter 57. AUTOMOBILE THEFT PREVENTION AUTHORITY
The Automobile Theft Prevention Authority (ATPA) proposes an amendment to 43 TAC §57.48 concerning guidelines for insurers in calculating the statutory fee required by Texas Civil Statutes, Article 4413(37). The proposed amendment will change the address of the Texas Comptroller of Public Accounts.
Susan Sampson, Director, Automobile Theft Prevention Authority, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications for state and local governments. There will be no effect on micro or small businesses with the amendment as proposed. There is no economic cost to persons who are required to comply with the amendments as proposed.
Ms. Sampson has also determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of the proposed amendments will be better notice to the public in informing them about the correction of the address. This will ultimately assist the Authority in its mission to prevent and reduce auto theft.
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), which the Authority interprets as authorizing it to adopt rules implementing its statutory powers and duties and Government Code §2110.008, which the Authority proposes the change of the address for the Texas Comptroller of Public Accounts.
The following are the statutes, articles, or codes affected by the amendments: §57.48 - Article 4413(37), §6(a), Government Code §2110.008.
§57.48.Motor Vehicle Years of Insurance Calculations.
(a) Each insurer, in calculating the fees established by Texas Civil Statutes, Article 4413(37), §10, shall comply with the following guidelines:
(1) The single statutory fee of $1.00 is payable on each motor vehicle for which the insurer provides insurance coverage during the calendar year regardless of the number of policy renewals; and
(2) When more than one insurer provides coverage for a motor vehicle during the calendar year, each insurer shall pay the statutory fee for that vehicle.
(3) "Motor vehicle" as referred to in Texas Civil Statutes, Article 4413(37), §10(2), means motor vehicle as defined by the Insurance Code, Article 5.01(e). This definition shall be used when calculating the fees under this section.
(4) All motor vehicle or automobile insurance policies as defined by Insurance Code, Article 5.01(e), covering a motor vehicle shall be assessed the $1.00 fee except mechanical breakdown policies, garage liability policies, nonresident policies and policies providing only non-ownership or hired auto coverages.
(b) The Texas Automobile Theft Prevention Authority Assessment
Report form and Instructions for the Computation of the Automobile Theft Prevention
Authority Assessment of the Comptroller of Public Accounts are adopted by
reference. The form and instructions are available from the Comptroller of
Public Accounts, Tax Administration, 111 East Seventeenth Street, Austin,
Texas 78774 [111 West Sixth Street, Austin, Texas 78701].
Each insurer shall use this form and follow these instructions when reporting
assessment information to the Comptroller.
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 14, 2007.
TRD-200701021
Susan Sampson
Director
Automobile Theft Prevention Authority
Earliest possible date of adoption: April 29, 2007
For further information, please call: (512) 374-5101