Texas 2009 - 81st Regular

Texas Senate Bill SB52 Compare Versions

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Old	New	Differences
1	1	S.B. No. 52
2	2
3	3
4	4	AN ACT
5	5	relating to the penalties for the illegal use of a parking space or
6	6	area designated specifically for persons with disabilities and to
7	7	the unauthorized use of a disabled parking placard.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsections (h), (i), (j), and (k), Section
10	10	681.011, Transportation Code, are amended to read as follows:
11	11	(h) If it is shown on the trial of an offense under this
12	12	section that the person has been previously convicted one time of an
13	13	offense under this section, the offense is punishable by:
14	14	(1) a fine of not less than $500 [$300] or more than
15	15	$800; and
16	16	(2) 10 hours of community service [$600].
17	17	(i) If it is shown on the trial of an offense under this
18	18	section that the person has been previously convicted two times of
19	19	an offense under this section, the offense is punishable by:
20	20	(1) a fine of not less than $550 [$300] or more than
21	21	$800 [$600]; and
22	22	(2) [not less than 10 or more than] 20 hours of
23	23	community service.
24	24	(j) If it is shown on the trial of an offense under this
25	25	section that the person has been previously convicted three times
26	26	of an offense under this section, the offense is punishable by:
27	27	(1) a fine of not less than $800 [$500] or more than
28	28	$1,100 [$1,000]; and
29	29	(2) 30 [not less than 20 or more than 50] hours of
30	30	community service.
31	31	(k) If it is shown on the trial of an offense under this
32	32	section that the person has been previously convicted four times of
33	33	an offense under this section, the offense is punishable by a fine
34	34	of $1,250 [$1,000] and 50 hours of community service.
35	35	SECTION 2. Section 681.012, Transportation Code, is amended
36	36	by adding Subsections (a-1) and (a-2) and amending Subsection (b)
37	37	to read as follows:
38	38	(a-1) A peace officer may seize a disabled parking placard
39	39	from a person who operates a vehicle on which a disabled parking
40	40	placard is displayed if the peace officer determines by inspecting
41	41	the person's driver's license or personal identification
42	42	certificate that the disabled parking placard does not contain the
43	43	first four digits of the driver's license number or personal
44	44	identification certificate number and the initials of:
45	45	(1) the person operating the vehicle; or
46	46	(2) a person being transported by the vehicle.
47	47	(a-2) A peace officer shall submit each seized parking
48	48	placard to the department not later than the fifth day after the
49	49	seizure.
50	50	(b) On submission to the department under Subsection (a) or
51	51	(a-2), a placard is revoked. On request of the person from whom the
52	52	placard was seized, the department shall conduct a hearing and
53	53	determine whether the revocation should continue or the placard
54	54	should be returned to the person and the revocation rescinded.
55	55	SECTION 3. (a) The change in law made by this Act applies
56	56	only to an offense committed on or after September 1, 2009.
57	57	(b) An offense committed before September 1, 2009, is
58	58	covered by the law in effect when the offense was committed, and the
59	59	former law is continued in effect for that purpose. For purposes of
60	60	this subsection, an offense was committed before September 1, 2009,
61	61	if any element of the offense was committed before that date.
62	62	SECTION 4. This Act takes effect September 1, 2009.
63	63	______________________________ ______________________________
64	64	President of the Senate Speaker of the House
65	65	I hereby certify that S.B. No. 52 passed the Senate on
66	66	March 18, 2009, by the following vote: Yeas 30, Nays 1;
67	67	May 29, 2009, Senate refused to concur in House amendments and
68	68	requested appointment of Conference Committee; May 30, 2009, House
69	69	granted request of the Senate; May 31, 2009, Senate adopted
70	70	Conference Committee Report by the following vote: Yeas 30,
71	71	Nays 1.
72	72	______________________________
73	73	Secretary of the Senate
74	74	I hereby certify that S.B. No. 52 passed the House, with
75	75	amendments, on May 27, 2009, by the following vote: Yeas 147,
76	76	Nays 1, one present not voting; May 30, 2009, House granted request
77	77	of the Senate for appointment of Conference Committee;
78	78	May 31, 2009, House adopted Conference Committee Report by the
79	79	following vote: Yeas 92, Nays 50, one present not voting.
80	80	______________________________
81	81	Chief Clerk of the House
82	82	Approved:
83	83	______________________________
84	84	Date
85	85	______________________________
86	86	Governor