Bill Text: TX HB148 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the enforcement of parking privileges for people with disabilities; increasing criminal fines; authorizing a fee.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2021-07-08 - Filed [HB148 Detail]
Download: Texas-2021-HB148-Introduced.html
| 87S10346 CXP-D | ||
| By: Dominguez | H.B. No. 148 | |
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| relating to the enforcement of parking privileges for people with | ||
| disabilities; increasing criminal fines; authorizing a fee. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 45, Code of Criminal | ||
| Procedure, is amended by adding Article 45.0512 to read as follows: | ||
| Art. 45.0512. DISABLED PARKING COURSE DISMISSAL | ||
| PROCEDURES. (a) This article applies only to an alleged offense | ||
| that: | ||
| (1) is within the jurisdiction of a justice court or a | ||
| municipal court; and | ||
| (2) is defined by Section 681.011, Transportation | ||
| Code. | ||
| (b) The judge may require the defendant to successfully | ||
| complete a disabled parking course approved by the political | ||
| subdivision in which the alleged offense occurred if: | ||
| (1) the defendant has not completed a disabled parking | ||
| course approved by the political subdivision within the 12 months | ||
| preceding the date of the offense; and | ||
| (2) the defendant enters a plea under Article 45.021 | ||
| in person or in writing of no contest or guilty on or before the | ||
| answer date on the notice to appear and: | ||
| (A) presents in person or by counsel to the court | ||
| a request to take a course; or | ||
| (B) sends to the court by certified mail, return | ||
| receipt requested, postmarked on or before the answer date on the | ||
| notice to appear, a written request to take a course. | ||
| (c) The court shall enter judgment on the defendant's plea | ||
| of no contest or guilty at the time the plea is made, defer | ||
| imposition of the judgment, and allow the defendant 90 days to | ||
| successfully complete the approved disabled parking course and | ||
| present to the court: | ||
| (1) a certificate, in a form approved by the political | ||
| subdivision that approved the course, of completion of the disabled | ||
| parking course; and | ||
| (2) confirmation from the political subdivision in | ||
| which the alleged offense occurred that the defendant was not | ||
| taking a disabled parking course approved by that subdivision under | ||
| this article on the date the request to take the course was made and | ||
| had not completed such a course within the 12 months preceding the | ||
| date of the offense. | ||
| (d) A request to take a disabled parking course made at or | ||
| before the time and at the place at which a defendant is required to | ||
| appear in court is an appearance in compliance with the defendant's | ||
| promise to appear. | ||
| (e) In addition to court costs and fees authorized or | ||
| imposed by a law of this state and applicable to the offense, the | ||
| court may require a defendant requesting a course under Subsection | ||
| (b) to pay an administrative fee set by the court to cover the cost | ||
| of administering this article at an amount of not more than $10. | ||
| (f) A defendant who requests but does not take a course is | ||
| not entitled to a refund of the fee. | ||
| (g) Fees collected by a municipal court shall be deposited | ||
| in the municipal treasury. Fees collected by another court shall be | ||
| deposited in the county treasury of the county in which the court is | ||
| located. | ||
| (h) If a defendant requesting a course under this article | ||
| fails to comply with Subsection (c), the court shall: | ||
| (1) notify the defendant in writing, mailed to the | ||
| address on file with the court or appearing in the notice to appear, | ||
| of that failure; and | ||
| (2) require the defendant to appear at the time and | ||
| place stated in the notice to show cause why the evidence was not | ||
| timely submitted to the court. | ||
| (i) If the defendant fails to appear at the time and place | ||
| stated in the notice under Subsection (h), or appears at the time | ||
| and place stated in the notice but does not show good cause for the | ||
| defendant's failure to comply with Subsection (c), the court shall | ||
| enter an adjudication of guilt and impose sentence. | ||
| (j) On a defendant's showing of good cause for failure to | ||
| furnish evidence to the court, the court may allow an extension of | ||
| time during which the defendant may present a certificate of course | ||
| completion as evidence that the defendant successfully completed | ||
| the disabled parking course. | ||
| (k) When a defendant complies with Subsection (c), the court | ||
| shall remove the judgment and dismiss the charge. | ||
| (l) The court may dismiss only one charge for each | ||
| completion of a course. | ||
| (m) An order of deferral under Subsection (c) terminates any | ||
| liability under a bond given for the charge. | ||
| SECTION 2. Section 681.010, Transportation Code, is amended | ||
| by adding Subsection (c) to read as follows: | ||
| (c) A charge filed under this section may be filed manually | ||
| or in an electronically secure format. | ||
| SECTION 3. Section 681.0101, Transportation Code, is | ||
| amended by adding Subsections (a-1) and (b-1) and amending | ||
| Subsection (b) to read as follows: | ||
| (a-1) A charge filed under this section may be filed | ||
| manually or in an electronically secure format. | ||
| (b) A person appointed under this section must: | ||
| (1) be a United States citizen of good moral character | ||
| who has not been convicted of a felony; | ||
| (2) take and subscribe to an oath of office that the | ||
| political subdivision prescribes; and | ||
| (3) successfully complete a training program of at | ||
| least four hours in length developed or approved by the political | ||
| subdivision. | ||
| (b-1) A training program described by Subsection (b) must | ||
| include: | ||
| (1) information on laws governing parking for people | ||
| with disabilities; | ||
| (2) information on the powers, rights, and | ||
| responsibilities of a person appointed under this section; | ||
| (3) instructions directing a person appointed under | ||
| this section not to confront suspected violators of laws governing | ||
| parking for people with disabilities; and | ||
| (4) procedures to report suspected violations of laws | ||
| governing parking for people with disabilities. | ||
| SECTION 4. Sections 681.011(g) and (k), Transportation | ||
| Code, are amended to read as follows: | ||
| (g) Except as provided by Subsections (h)-(k), an offense | ||
| under this section is a misdemeanor punishable by a fine of not less | ||
| than $500 or more than $1,000 [ |
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| (k) If it is shown on the trial of an offense under this | ||
| section that the person has been previously convicted four times of | ||
| an offense under this section, the offense is punishable by a fine | ||
| of $1,650 [ |
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| SECTION 5. Sections 681.011(h), (i), and (j), | ||
| Transportation Code, as amended by Chapters 1160 (H.B. 3095) and | ||
| 1336 (S.B. 52), Acts of the 81st Legislature, Regular Session, | ||
| 2009, are reenacted and amended to read as follows: | ||
| (h) If it is shown on the trial of an offense under this | ||
| section that the person has been previously convicted one time of an | ||
| offense under this section, the offense is punishable by: | ||
| (1) a fine of not less than $500 or more than $1,050 | ||
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| (2) 10 hours of community service. | ||
| (i) If it is shown on the trial of an offense under this | ||
| section that the person has been previously convicted two times of | ||
| an offense under this section, the offense is punishable by: | ||
| (1) a fine of not less than $550 or more than $1,050 | ||
| [ |
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| (2) 20 hours of community service. | ||
| (j) If it is shown on the trial of an offense under this | ||
| section that the person has been previously convicted three times | ||
| of an offense under this section, the offense is punishable by: | ||
| (1) a fine of not less than $800 or more than $1,450 | ||
| [ |
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| (2) 30 hours of community service. | ||
| SECTION 6. The changes in law made by this Act apply only to | ||
| an offense committed on or after the effective date of this Act. An | ||
| offense committed before the effective date of this Act is governed | ||
| by the law in effect on the date the offense was committed, and the | ||
| former law is continued in effect for that purpose. For purposes of | ||
| this section, an offense was committed before the effective date of | ||
| this Act if any element of the offense occurred before that date. | ||
| SECTION 7. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
