83R24064 JTS-F
By: Coleman H.B. No. 3769
Substitute the following for H.B. No. 3769:
By: Dutton C.S.H.B. No. 3769
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality to impose a civil
penalty on owners of certain motor vehicles parked on a highway
under the jurisdiction of the municipality that do not display a
valid registration insignia or inspection certificate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.003, Transportation Code, is amended
by amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) This section does not affect the authority of a
municipality to:
(1) license and regulate the use of motor vehicles for
compensation within the municipal limits; [and]
(2) impose a permit fee or street rental charge for the
operation of each motor vehicle used to transport passengers for
compensation, other than a motor vehicle operating under a
registration certificate from the department or a permit from the
federal Surface Transportation Board; and
(3) except as provided by Subsection (b-1), impose, in
addition to a criminal penalty, a civil penalty on the owner of a
motor vehicle that:
(A) displays a license plate issued by the
department;
(B) is parked on a highway under the jurisdiction
of the municipality; and
(C) does not display a valid registration
insignia issued by the department.
(b-1) A civil penalty under Subsection (b)(3) may be
enforced only by a person designated by the municipality
specifically to enforce parking violations.
SECTION 2. Section 548.602, Transportation Code, is amended
by adding Subsections (b-1) and (b-2) and amending Subsection (c)
to read as follows:
(b-1) The governing body of a municipality may enact an
ordinance that allows the municipality to impose, in addition to a
criminal penalty, a civil penalty on the owner of a motor vehicle
that:
(1) displays a license plate issued by the Texas
Department of Motor Vehicles;
(2) is parked on a highway under the jurisdiction of
the municipality; and
(3) does not display a valid inspection certificate
issued under this chapter.
(b-2) A civil penalty under Subsection (b-1) may be enforced
only by a person designated by the municipality specifically to
enforce parking violations.
(c) It is a defense to prosecution under Subsection (a)(1)
or to the imposition of a civil penalty that an inspection
certificate for the vehicle is in effect at the time of the arrest.
SECTION 3. This Act takes effect September 1, 2013.