BILL ANALYSIS Senate Research Center H.B. 3769 83R24064 JTS-F By: Coleman (Hinojosa) Intergovernmental Relations 5/13/2013 Engrossed
BILL ANALYSIS
Senate Research Center H.B. 3769
83R24064 JTS-F By: Coleman (Hinojosa)
Intergovernmental Relations
5/13/2013
Engrossed
Senate Research Center
H.B. 3769
83R24064 JTS-F
By: Coleman (Hinojosa)
Intergovernmental Relations
5/13/2013
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT H.B. 3769 amends current law 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. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 502.003, Transportation Code, by amending Subsection (b) and adding Subsection (b-1), as follows: (b) Provides that this section does not affect the authority of a municipality to: (1)-(2) Makes no change to these subdivisions; 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 Texas Department of Motor Vehicles (TxDMV); (B) is parked on a highway under the jurisdiction of the municipality; and (C) does not display a valid registration insignia issued by TxDMV. (b-1) Authorizes a civil penalty under Subsection (b)(3) to be enforced only by a person designated by the municipality specifically to enforce parking violations. SECTION 2. Amends Section 548.602, Transportation Code, by adding Subsections (b-1) and (b-2) and amending Subsection (c), as follows: (b-1) Authorizes the governing body of a municipality to 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 displays a license plate issued by TxDMV; is parked on a highway under the jurisdiction of the municipality; and does not display a valid inspection certificate issued under this chapter. (b-2) Authorizes a civil penalty under Subsection (b-1) to be enforced only by a person designated by the municipality specifically to enforce parking violations. (c) Provides that it is a defense to prosecution under Subsection (a)(1) (relating to prohibiting a person from operating a motor vehicle registered in this state unless a current and appropriate inspection certificate is displayed, after the fifth day after the date of expiration of the period designated for inspection) 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. Effective date: September 1, 2013.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
H.B. 3769 amends current law 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.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 502.003, Transportation Code, by amending Subsection (b) and adding Subsection (b-1), as follows:
(b) Provides that this section does not affect the authority of a municipality to:
(1)-(2) Makes no change to these subdivisions; 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 Texas Department of Motor Vehicles (TxDMV);
(B) is parked on a highway under the jurisdiction of the municipality; and
(C) does not display a valid registration insignia issued by TxDMV.
(b-1) Authorizes a civil penalty under Subsection (b)(3) to be enforced only by a person designated by the municipality specifically to enforce parking violations.
SECTION 2. Amends Section 548.602, Transportation Code, by adding Subsections (b-1) and (b-2) and amending Subsection (c), as follows:
(b-1) Authorizes the governing body of a municipality to 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 displays a license plate issued by TxDMV; is parked on a highway under the jurisdiction of the municipality; and does not display a valid inspection certificate issued under this chapter.
(b-2) Authorizes a civil penalty under Subsection (b-1) to be enforced only by a person designated by the municipality specifically to enforce parking violations.
(c) Provides that it is a defense to prosecution under Subsection (a)(1) (relating to prohibiting a person from operating a motor vehicle registered in this state unless a current and appropriate inspection certificate is displayed, after the fifth day after the date of expiration of the period designated for inspection) 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. Effective date: September 1, 2013.