By: Van de Putte S.B. No. 1207
(In the Senate - Filed March 6, 2013; March 12, 2013, read
first time and referred to Committee on Government Organization;
April 22, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 22, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1207 By: Schwertner
A BILL TO BE ENTITLED
AN ACT
relating to parking and the movement of vehicles in the Capitol
complex.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.063, Government Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (c-1) to
read as follows:
(a) Except as provided by Subsection (a-1), the department
[The State Preservation Board] shall adopt rules for the safe
movement and the parking of vehicles in the Capitol Complex. Except
as provided by Subsection (a-1), the [The] department shall
administer and enforce [the rules adopted by the preservation board
and shall administer and enforce] this subchapter[. This
subsection does not affect the authority of the department to adopt
rules under Section 411.067].
(a-1) The State Preservation Board shall adopt rules for the
safe movement and the parking of vehicles in parking areas under the
charge and control of the preservation board. The department may
administer and enforce the rules adopted by the preservation board
under this subsection at the request of the preservation board.
This subsection does not affect the authority of the department to
adopt rules under Section 411.067.
(c-1) Rules adopted under Subsection (a) must include a
provision that allows a state employee who works outside the
Capitol complex, as defined by Section 443.0071(b), and whose
presence at the Capitol is requested by a member of the legislature
or an elected official in the executive branch of state government
to park free of charge in a parking garage or parking lot in the
Capitol complex. This subsection does not apply to the parking
garage for visitors to the Capitol complex under Section
443.0151(a) or to a parking area under the charge and control of the
State Preservation Board.
SECTION 2. Subsection (a), Section 411.065, Government
Code, is amended to read as follows:
(a) A person commits an offense if the person violates a
rule of the department adopted under Section 411.062 or a rule of
the department or the State Preservation Board adopted under
Section 411.063.
SECTION 3. Section 2165.2035, Government Code, is amended
by adding Subsection (g-1) to read as follows:
(g-1) Any lease of a state-owned parking lot or garage in
the Capitol complex, as defined by Section 443.0071(b), under this
section must provide that a state employee whose presence at the
Capitol is requested by a member of the legislature or an elected
official in the executive branch of state government may park free
of charge in the lot or garage. This subsection does not apply to
the parking garage for visitors to the Capitol complex under
Section 443.0151(a).
SECTION 4. (a) On the effective date of this Act, rules of
the State Preservation Board adopted under Section 411.063,
Government Code, are transferred to the Department of Public Safety
of the State of Texas and are continued in effect until amended or
repealed by the Department of Public Safety. Rules of the State
Preservation Board adopted under Section 411.063, Government Code,
relating to parking areas under the charge and control of the
preservation board are continued in effect as rules of the
preservation board. As a result of the application of this
subsection, a rule may exist as a duplicate rule of the State
Preservation Board and the Department of Public Safety of the State
of Texas applicable to different areas on and after the effective
date of this Act.
(b) The Department of Public Safety of the State of Texas
shall adopt or amend rules, as applicable, as required by
Subsection (c-1), Section 411.063, Government Code, as added by
this Act, not later than October 1, 2013.
(c) Subsection (g-1), Section 2165.2035, Government Code,
as added by this Act, applies only to a lease entered into on or
after the effective date of this Act.
SECTION 5. The change in law made by this Act to Section
411.065, Government Code, 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 on the date 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 occurred before that date.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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