| 1 | 1 | | H.B. No. 400 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the dismissal of a charge of unlawfully parking a |
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| 6 | 6 | | vehicle in a space designated specifically for persons with |
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| 7 | 7 | | disabilities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 681, Transportation Code, is amended by |
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| 10 | 10 | | adding Section 681.013 to read as follows: |
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| 11 | 11 | | Sec. 681.013. DISMISSAL OF CHARGE; ADMINISTRATIVE FEE. (a) |
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| 12 | 12 | | In this section, "working day" means any day other than a Saturday, |
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| 13 | 13 | | a Sunday, or a holiday on which county offices are closed. |
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| 14 | 14 | | (b) The court shall: |
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| 15 | 15 | | (1) dismiss a charge for an offense under Section |
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| 16 | 16 | | 681.011(b)(1) if: |
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| 17 | 17 | | (A) the vehicle displayed a disabled parking |
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| 18 | 18 | | placard that was not valid as expired; |
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| 19 | 19 | | (B) the defendant remedies the defect by renewing |
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| 20 | 20 | | the expired disabled parking placard within 20 working days from |
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| 21 | 21 | | the date of the offense or before the defendant's first court |
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| 22 | 22 | | appearance date, whichever is later; and |
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| 23 | 23 | | (C) the disabled parking placard has not been |
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| 24 | 24 | | expired for more than 60 days; and |
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| 25 | 25 | | (2) assess an administrative fee not to exceed $20 |
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| 26 | 26 | | when the charge has been remedied. |
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| 27 | 27 | | (c) Notwithstanding Subsection (b)(1)(C), the court may |
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| 28 | 28 | | dismiss a charge of unlawfully parking a vehicle in a space |
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| 29 | 29 | | designated specifically for persons with disabilities, if at the |
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| 30 | 30 | | time of the offense the defendant's vehicle displays a disabled |
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| 31 | 31 | | parking placard that has been expired for more than 60 days. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies only |
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| 33 | 33 | | to an offense committed on or after the effective date of this Act. |
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| 34 | 34 | | An offense committed before the effective date of this Act is |
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| 35 | 35 | | governed by the law in effect when the offense was committed, and |
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| 36 | 36 | | the former law is continued in effect for that purpose. For |
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| 37 | 37 | | purposes of this section, an offense was committed before the |
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| 38 | 38 | | effective date of this Act if any element of the offense was |
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| 39 | 39 | | committed before that date. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 41 | 41 | | ______________________________ ______________________________ |
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| 42 | 42 | | President of the Senate Speaker of the House |
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| 43 | 43 | | I certify that H.B. No. 400 was passed by the House on March |
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| 44 | 44 | | 26, 2009, by the following vote: Yeas 146, Nays 0, 2 present, not |
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| 45 | 45 | | voting. |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Chief Clerk of the House |
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| 48 | 48 | | I certify that H.B. No. 400 was passed by the Senate on May |
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| 49 | 49 | | 27, 2009, by the following vote: Yeas 31, Nays 0. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Secretary of the Senate |
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| 52 | 52 | | APPROVED: _____________________ |
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| 53 | 53 | | Date |
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| 54 | 54 | | _____________________ |
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| 55 | 55 | | Governor |
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