Bill Text: TX HB2309 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the enforcement of parking privileges for people with disabilities; increasing criminal fines; authorizing a fee.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2021-05-10 - Referred to Transportation [HB2309 Detail]
Download: Texas-2021-HB2309-Engrossed.html
87R14451 CXP-D | ||
By: Dominguez | H.B. No. 2309 |
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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 September 1, 2021. |