1 | 1 | | By: Van de Putte S.B. No. 1207 |
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2 | 2 | | (In the Senate - Filed March 6, 2013; March 12, 2013, read |
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3 | 3 | | first time and referred to Committee on Government Organization; |
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4 | 4 | | April 22, 2013, reported adversely, with favorable Committee |
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5 | 5 | | Substitute by the following vote: Yeas 7, Nays 0; April 22, 2013, |
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6 | 6 | | sent to printer.) |
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7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1207 By: Schwertner |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | A BILL TO BE ENTITLED |
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11 | 11 | | AN ACT |
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12 | 12 | | relating to parking and the movement of vehicles in the Capitol |
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13 | 13 | | complex. |
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14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 15 | | SECTION 1. Section 411.063, Government Code, is amended by |
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16 | 16 | | amending Subsection (a) and adding Subsections (a-1) and (c-1) to |
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17 | 17 | | read as follows: |
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18 | 18 | | (a) Except as provided by Subsection (a-1), the department |
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19 | 19 | | [The State Preservation Board] shall adopt rules for the safe |
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20 | 20 | | movement and the parking of vehicles in the Capitol Complex. Except |
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21 | 21 | | as provided by Subsection (a-1), the [The] department shall |
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22 | 22 | | administer and enforce [the rules adopted by the preservation board |
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23 | 23 | | and shall administer and enforce] this subchapter[. This |
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24 | 24 | | subsection does not affect the authority of the department to adopt |
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25 | 25 | | rules under Section 411.067]. |
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26 | 26 | | (a-1) The State Preservation Board shall adopt rules for the |
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27 | 27 | | safe movement and the parking of vehicles in parking areas under the |
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28 | 28 | | charge and control of the preservation board. The department may |
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29 | 29 | | administer and enforce the rules adopted by the preservation board |
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30 | 30 | | under this subsection at the request of the preservation board. |
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31 | 31 | | This subsection does not affect the authority of the department to |
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32 | 32 | | adopt rules under Section 411.067. |
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33 | 33 | | (c-1) Rules adopted under Subsection (a) must include a |
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34 | 34 | | provision that allows a state employee who works outside the |
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35 | 35 | | Capitol complex, as defined by Section 443.0071(b), and whose |
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36 | 36 | | presence at the Capitol is requested by a member of the legislature |
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37 | 37 | | or an elected official in the executive branch of state government |
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38 | 38 | | to park free of charge in a parking garage or parking lot in the |
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39 | 39 | | Capitol complex. This subsection does not apply to the parking |
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40 | 40 | | garage for visitors to the Capitol complex under Section |
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41 | 41 | | 443.0151(a) or to a parking area under the charge and control of the |
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42 | 42 | | State Preservation Board. |
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43 | 43 | | SECTION 2. Subsection (a), Section 411.065, Government |
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44 | 44 | | Code, is amended to read as follows: |
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45 | 45 | | (a) A person commits an offense if the person violates a |
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46 | 46 | | rule of the department adopted under Section 411.062 or a rule of |
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47 | 47 | | the department or the State Preservation Board adopted under |
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48 | 48 | | Section 411.063. |
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49 | 49 | | SECTION 3. Section 2165.2035, Government Code, is amended |
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50 | 50 | | by adding Subsection (g-1) to read as follows: |
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51 | 51 | | (g-1) Any lease of a state-owned parking lot or garage in |
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52 | 52 | | the Capitol complex, as defined by Section 443.0071(b), under this |
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53 | 53 | | section must provide that a state employee whose presence at the |
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54 | 54 | | Capitol is requested by a member of the legislature or an elected |
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55 | 55 | | official in the executive branch of state government may park free |
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56 | 56 | | of charge in the lot or garage. This subsection does not apply to |
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57 | 57 | | the parking garage for visitors to the Capitol complex under |
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58 | 58 | | Section 443.0151(a). |
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59 | 59 | | SECTION 4. (a) On the effective date of this Act, rules of |
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60 | 60 | | the State Preservation Board adopted under Section 411.063, |
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61 | 61 | | Government Code, are transferred to the Department of Public Safety |
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62 | 62 | | of the State of Texas and are continued in effect until amended or |
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63 | 63 | | repealed by the Department of Public Safety. Rules of the State |
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64 | 64 | | Preservation Board adopted under Section 411.063, Government Code, |
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65 | 65 | | relating to parking areas under the charge and control of the |
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66 | 66 | | preservation board are continued in effect as rules of the |
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67 | 67 | | preservation board. As a result of the application of this |
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68 | 68 | | subsection, a rule may exist as a duplicate rule of the State |
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69 | 69 | | Preservation Board and the Department of Public Safety of the State |
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70 | 70 | | of Texas applicable to different areas on and after the effective |
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71 | 71 | | date of this Act. |
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72 | 72 | | (b) The Department of Public Safety of the State of Texas |
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73 | 73 | | shall adopt or amend rules, as applicable, as required by |
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74 | 74 | | Subsection (c-1), Section 411.063, Government Code, as added by |
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75 | 75 | | this Act, not later than October 1, 2013. |
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76 | 76 | | (c) Subsection (g-1), Section 2165.2035, Government Code, |
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77 | 77 | | as added by this Act, applies only to a lease entered into on or |
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78 | 78 | | after the effective date of this Act. |
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79 | 79 | | SECTION 5. The change in law made by this Act to Section |
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80 | 80 | | 411.065, Government Code, applies only to an offense committed on |
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81 | 81 | | or after the effective date of this Act. An offense committed |
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82 | 82 | | before the effective date of this Act is governed by the law in |
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83 | 83 | | effect on the date the offense was committed, and the former law is |
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84 | 84 | | continued in effect for that purpose. For purposes of this section, |
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85 | 85 | | an offense was committed before the effective date of this Act if |
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86 | 86 | | any element of the offense occurred before that date. |
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87 | 87 | | SECTION 6. This Act takes effect immediately if it receives |
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88 | 88 | | a vote of two-thirds of all the members elected to each house, as |
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89 | 89 | | provided by Section 39, Article III, Texas Constitution. If this |
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90 | 90 | | Act does not receive the vote necessary for immediate effect, this |
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91 | 91 | | Act takes effect September 1, 2013. |
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92 | 92 | | * * * * * |
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