H.B. No. 400
AN ACT
relating to the dismissal of a charge of unlawfully parking a
vehicle in a space designated specifically for persons with
disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 681, Transportation Code, is amended by
adding Section 681.013 to read as follows:
Sec. 681.013. DISMISSAL OF CHARGE; ADMINISTRATIVE FEE. (a)
In this section, "working day" means any day other than a Saturday,
a Sunday, or a holiday on which county offices are closed.
(b) The court shall:
(1) dismiss a charge for an offense under Section
681.011(b)(1) if:
(A) the vehicle displayed a disabled parking
placard that was not valid as expired;
(B) the defendant remedies the defect by renewing
the expired disabled parking placard within 20 working days from
the date of the offense or before the defendant's first court
appearance date, whichever is later; and
(C) the disabled parking placard has not been
expired for more than 60 days; and
(2) assess an administrative fee not to exceed $20
when the charge has been remedied.
(c) Notwithstanding Subsection (b)(1)(C), the court may
dismiss a charge of unlawfully parking a vehicle in a space
designated specifically for persons with disabilities, if at the
time of the offense the defendant's vehicle displays a disabled
parking placard that has been expired for more than 60 days.
SECTION 2. The change in law made by this Act applies 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 when 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 was
committed before that date.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 400 was passed by the House on March
26, 2009, by the following vote: Yeas 146, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 400 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor