87S10346 CXP-D
 
  By: Dominguez H.B. No. 148
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [$750].
         (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 [$1,250] and 50 hours of community service.
         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
  [$800]; and
               (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
  [$800]; and
               (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
  [$1,100]; and
               (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.