83R2364 NAJ-D
By: Rodriguez S.B. No. 790
A BILL TO BE ENTITLED
AN ACT
relating to administrative fees assessed when certain charges are
dismissed.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.407(b), Transportation Code, is
amended to read as follows:
(b) A justice of the peace or municipal court judge having
jurisdiction of the offense may[:
[(1)] dismiss a charge of driving with an expired
motor vehicle registration if the defendant:
(1) [(A)] remedies the defect not later than the 20th
working day after the date of the offense or before the defendant's
first court appearance date, whichever is later; [and]
(2) [(B)] establishes that the fee prescribed by
Section 502.045 [502.176] has been paid; and
(3) pays [(2) assess] an administrative fee of [not to
exceed] $20 when the charge is dismissed.
SECTION 2. Section 502.473(d), Transportation Code, is
amended to read as follows:
(d) A court may dismiss a charge brought under Subsection
(a) if the defendant:
(1) shows that the motor vehicle was issued a
registration insignia by the department that was attached to the
motor vehicle, establishing that the vehicle was registered for the
period during which the offense was committed; and
(2) pays an administrative fee of $20 [not to exceed
$10].
SECTION 3. Section 502.475(c), Transportation Code, is
amended to read as follows:
(c) A court may dismiss a charge brought under Subsection
(a)(3) if the defendant:
(1) remedies the defect before the defendant's first
court appearance; and
(2) pays an administrative fee of $20 [not to exceed
$10].
SECTION 4. Section 504.943(d), Transportation Code, is
amended to read as follows:
(d) A court may dismiss a charge brought under Subsection
(a)(1) if the defendant:
(1) remedies the defect before the defendant's first
court appearance; and
(2) pays an administrative fee of $20 [not to exceed
$10].
SECTION 5. Section 504.945(d), Transportation Code, is
amended to read as follows:
(d) A court may dismiss a charge brought under Subsection
(a)(3), (5), (6), or (7) if the defendant:
(1) remedies the defect before the defendant's first
court appearance; and
(2) pays an administrative fee of $20 [not to exceed
$10].
SECTION 6. Section 521.026(b), Transportation Code, is
amended to read as follows:
(b) The judge shall [may] assess the defendant an
administrative fee of [not to exceed] $20 when the charge of driving
with an expired driver's license is dismissed under Subsection (a).
SECTION 7. Section 521.054(d), Transportation Code, is
amended to read as follows:
(d) A court may dismiss a charge for a violation of this
section if the defendant remedies the defect not later than the 20th
working day after the date of the offense and pays an administrative
fee of [not to exceed] $20. [The court may waive the administrative
fee if the waiver is in the interest of justice.]
SECTION 8. Section 521.221(d), Transportation Code, is
amended to read as follows:
(d) A court may dismiss a charge for a violation of this
section if:
(1) the restriction or endorsement was imposed:
(A) because of a physical condition that was
surgically or otherwise medically corrected before the date of the
offense; or
(B) in error and that fact is established by the
defendant;
(2) the department removes the restriction or
endorsement before the defendant's first court appearance; and
(3) the defendant pays an administrative fee of $20
[not to exceed $10].
SECTION 9. Section 547.004(c), Transportation Code, is
amended to read as follows:
(c) A court may dismiss a charge brought under this section
if the defendant:
(1) remedies the defect before the defendant's first
court appearance; and
(2) pays an administrative fee of $20 [not to exceed
$10].
SECTION 10. Sections 548.605(b) and (c), Transportation
Code, are amended to read as follows:
(b) The court shall:
(1) dismiss a charge of driving with an expired
inspection certificate if:
(A) the defendant remedies the defect within 20
working days or before the defendant's first court appearance date,
whichever is later; and
(B) the inspection certificate has not been
expired for more than 60 days; and
(2) assess an administrative fee of [not to exceed]
$20 when the charge of driving with an expired inspection
certificate has been remedied.
(c) Notwithstanding Subsection (b)(1)(B), the court may
dismiss a charge of driving with an expired inspection certificate
that has been expired for more than 60 days. The court shall assess
an administrative fee of $20 when a charge is dismissed under this
subsection.
SECTION 11. Sections 681.013(b) and (c), Transportation
Code, are amended to read as follows:
(b) The court shall:
(1) dismiss a charge for an offense under Section
681.011(b)(1) if:
(A) the vehicle displayed a disabled parking
placard that was not valid as expired;
(B) the defendant remedies the defect by renewing
the expired disabled parking placard within 20 working days from
the date of the offense or before the defendant's first court
appearance date, whichever is later; and
(C) the disabled parking placard has not been
expired for more than 60 days; and
(2) assess an administrative fee of [not to exceed]
$20 when the charge has been remedied.
(c) Notwithstanding Subsection (b)(1)(C), the court may
dismiss a charge of unlawfully parking a vehicle in a space
designated specifically for persons with disabilities, if at the
time of the offense the defendant's vehicle displays a disabled
parking placard that has been expired for more than 60 days. The
court shall assess an administrative fee of $20 when a charge is
dismissed under this subsection.
SECTION 12. Section 31.127(f), Parks and Wildlife Code, is
amended to read as follows:
(f) A court may dismiss a charge of operating a vessel with
an expired certificate of number under Section 31.021 if:
(1) the defendant remedies the defect not later than
the 10th working day after the date of the offense and pays an
administrative fee of $20 [not to exceed $10]; and
(2) the certificate of number has not been expired for
more than 60 days.
SECTION 13. Section 103.0213, Government Code, is amended
to read as follows:
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
party to a civil suit, as applicable, shall pay the following fees
and costs under the Transportation Code if ordered by the court or
otherwise required:
(1) administrative fee on dismissal of charge of
driving with an expired motor vehicle registration (Sec. 502.407,
Transportation Code) . . . [not to exceed] $20;
(2) administrative fee on dismissal of charge of
driving with an expired driver's license (Sec. 521.026,
Transportation Code) . . . [not to exceed] $20;
(3) administrative fee on remediation of charge of
driving with an expired inspection certificate (Sec. 548.605,
Transportation Code) . . . [not to exceed] $20;
(4) administrative fee for failure to appear for a
complaint or citation on certain offenses (Sec. 706.006,
Transportation Code) . . . $30 for each violation; and
(5) administrative fee for failure to pay or satisfy
certain judgments (Sec. 706.006, Transportation Code) . . . $30.
SECTION 14. The change in law made by this Act applies only
to an administrative fee assessed for an offense committed on or
after the effective date of this Act. A fee assessed for 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 15. This Act takes effect September 1, 2013.