84R10207 JXC-F
By: Zaffirini S.B. No. 1292
A BILL TO BE ENTITLED
AN ACT
relating to parking privileges for people with disabilities;
authorizing a fee; amending dismissal procedures for a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0512 to read as follows:
Art. 45.0512. DISABLED PARKING COURSE DISMISSAL
PROCEDURES. (a) This article applies only to an alleged offense
that:
(1) is within the jurisdiction of a justice court or a
municipal court; and
(2) is defined by Section 681.011, Transportation
Code.
(b) The judge may require the defendant to successfully
complete a disabled parking course approved by the political
subdivision in which the alleged offense occurred if:
(1) the defendant has not completed a disabled parking
course approved by the political subdivision within the 12 months
preceding the date of the offense; and
(2) the defendant enters a plea under Article 45.021
in person or in writing of no contest or guilty on or before the
answer date on the notice to appear and:
(A) presents in person or by counsel to the court
a request to take a course; or
(B) sends to the court by certified mail, return
receipt requested, postmarked on or before the answer date on the
notice to appear, a written request to take a course.
(c) The court shall enter judgment on the defendant's plea
of no contest or guilty at the time the plea is made, defer
imposition of the judgment, and allow the defendant 90 days to
successfully complete the approved disabled parking course and
present to the court:
(1) a certificate, in a form approved by the political
subdivision that approved the course, of completion of the disabled
parking course; and
(2) confirmation from the political subdivision in
which the alleged offense occurred that the defendant was not
taking a disabled parking course approved by that subdivision under
this article on the date the request to take the course was made and
had not completed such a course within the 12 months preceding the
date of the offense.
(d) A request to take a disabled parking course made at or
before the time and at the place at which a defendant is required to
appear in court is an appearance in compliance with the defendant's
promise to appear.
(e) In addition to court costs and fees authorized or
imposed by a law of this state and applicable to the offense, the
court may require a defendant requesting a course under Subsection
(b) to pay an administrative fee set by the court to cover the cost
of administering this article at an amount of not more than $10.
(f) A defendant who requests but does not take a course is
not entitled to a refund of the fee.
(g) Fees collected by a municipal court shall be deposited
in the municipal treasury. Fees collected by another court shall be
deposited in the county treasury of the county in which the court is
located.
(h) If a defendant requesting a course under this article
fails to comply with Subsection (c), the court shall:
(1) notify the defendant in writing, mailed to the
address on file with the court or appearing in the notice to appear,
of that failure; and
(2) require the defendant to appear at the time and
place stated in the notice to show cause why the evidence was not
timely submitted to the court.
(i) If the defendant fails to appear at the time and place
stated in the notice under Subsection (h), or appears at the time
and place stated in the notice but does not show good cause for the
defendant's failure to comply with Subsection (c), the court shall
enter an adjudication of guilt and impose sentence.
(j) On a defendant's showing of good cause for failure to
furnish evidence to the court, the court may allow an extension of
time during which the defendant may present a certificate of course
completion as evidence that the defendant successfully completed
the disabled parking course.
(k) When a defendant complies with Subsection (c), the court
shall remove the judgment and dismiss the charge.
(l) The court may dismiss only one charge for each
completion of a course.
(m) An order of deferral under Subsection (c) terminates any
liability under a bail bond or appearance bond given for the charge.
SECTION 2. Section 103.021, Government Code, is amended to
read as follows:
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or
defendant, or a party to a civil suit, as applicable, shall pay the
following fees and costs under the Code of Criminal Procedure if
ordered by the court or otherwise required:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . the greater of $20 or three percent of the amount
of the bail fixed for the accused;
(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal Procedure)
. . . actual cost;
(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(3-a) costs associated with operating a global
positioning monitoring system as a condition of release on bond
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
subject to a determination of indigency;
(3-b) costs associated with providing a defendant's
victim with an electronic receptor device as a condition of the
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
Procedure) . . . actual costs, subject to a determination of
indigency;
(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
(5) reimbursement to general revenue fund for payments
made to victim of an offense as condition of community supervision
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
a misdemeanor offense or $100 for a felony offense;
(6) payment to a crime stoppers organization as
condition of community supervision (Art. 42.12, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Art. 42.12, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence center fee (Art. 42.12, Code of
Criminal Procedure) . . . $100;
(9) community supervision fee (Art. 42.12, Code of
Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
month;
(11) for certain financially able sex offenders as a
condition of community supervision, the costs of treatment,
specialized supervision, or rehabilitation (Art. 42.12, Code of
Criminal Procedure) . . . all or part of the reasonable and
necessary costs of the treatment, supervision, or rehabilitation as
determined by the judge;
(12) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the
jury;
(13) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
(14) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
. . . not to exceed amount of fine assessed;
(15) an additional fee:
(A) for a copy of the defendant's driving record
to be requested from the Department of Public Safety by the judge
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
to the sum of the fee established by Section 521.048,
Transportation Code, and the state electronic Internet portal fee;
(B) as an administrative fee for requesting a
driving safety course or a course under the motorcycle operator
training and safety program for certain traffic offenses to cover
the cost of administering the article (Art. 45.0511(f)(1), Code of
Criminal Procedure) . . . not to exceed $10; [or]
(C) for requesting a driving safety course or a
course under the motorcycle operator training and safety program
before the final disposition of the case (Art. 45.0511(f)(2), Code
of Criminal Procedure) . . . not to exceed the maximum amount of the
fine for the offense committed by the defendant; or
(D) as an administrative fee for requesting a
disabled parking course to cover the cost of administering the
article (Art. 45.0512(e), Code of Criminal Procedure) . . . not to
exceed $10;
(16) a request fee for teen court program (Art.
45.052, Code of Criminal Procedure) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10;
(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
court ordering the fee is located in the Texas-Louisiana border
region, but otherwise $10;
(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
mile;
(19) certified mailing of notice of hearing date (Art.
102.006, Code of Criminal Procedure) . . . $1, plus postage;
(20) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(20-a) a fee to defray the cost of notifying state
agencies of orders of expungement (Art. 45.0216, Code of Criminal
Procedure) . . . $30 per application;
(20-b) a fee to defray the cost of notifying state
agencies of orders of expunction (Art. 45.055, Code of Criminal
Procedure) . . . $30 per application;
(21) sight orders:
(A) if the face amount of the check or sight order
does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $10;
(B) if the face amount of the check or sight order
is greater than $10 but does not exceed $100 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $15;
(C) if the face amount of the check or sight order
is greater than $100 but does not exceed $300 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $30;
(D) if the face amount of the check or sight order
is greater than $300 but does not exceed $500 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $50; and
(E) if the face amount of the check or sight order
is greater than $500 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $75;
(22) fees for a pretrial intervention program:
(A) a supervision fee (Art. 102.012(a), Code of
Criminal Procedure) . . . $60 a month plus expenses; and
(B) a district attorney, criminal district
attorney, or county attorney administrative fee (Art. 102.0121,
Code of Criminal Procedure) . . . not to exceed $500;
(23) parking fee violations for child safety fund in
municipalities with populations:
(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5; and
(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
(24) an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction; and
(25) a collection fee, if authorized by the
commissioners court of a county or the governing body of a
municipality, for certain debts and accounts receivable, including
unpaid fines, fees, court costs, forfeited bonds, and restitution
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
percent of an amount more than 60 days past due.
SECTION 3. Sections 681.004(a) and (b), Transportation
Code, are amended to read as follows:
(a) A person with a permanent disability may receive[:
[(1) two disabled parking placards, if the person does
not receive a set of special license plates under Section 504.201;
[(2)] one disabled parking placard, in addition to any
[if the person receives a set of] special license plates received
under Subchapter C, Chapter 504 [Section 504.201; or
[(3) two disabled parking placards, if the person
receives two sets of special license plates under Section 504.202].
(b) A person with a temporary disability may receive one
[two] disabled parking placard [placards].
SECTION 4. Section 681.010, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) A charge filed under this section may be filed manually
or in an electronically secure format.
SECTION 5. Section 681.0101, Transportation Code, is
amended by adding Subsections (a-1) and (b-1) and amending
Subsection (b) to read as follows:
(a-1) A charge filed under this section may be filed
manually or in an electronically secure format.
(b) A person appointed under this section must:
(1) be a United States citizen of good moral character
who has not been convicted of a felony;
(2) take and subscribe to an oath of office that the
political subdivision prescribes; and
(3) successfully complete a training program of at
least four hours in length developed or approved by the political
subdivision.
(b-1) A training program described by Subsection (b) must
include:
(1) information on laws governing parking for people
with disabilities;
(2) information on the powers, rights, and
responsibilities of a person appointed under this section;
(3) instructions directing a person appointed under
this section not to confront suspected violators of laws governing
parking for people with disabilities; and
(4) procedures to report suspected violations of laws
governing parking for people with disabilities.
SECTION 6. Chapter 681, Transportation Code, is amended by
adding Section 681.014 to read as follows:
Sec. 681.014. DISPOSITION OF FINES. Notwithstanding
Section 542.402, a political subdivision that collects fines for
violations of Section 681.011 may use not more than 40 percent of
the fine revenue to:
(1) provide a community education and awareness
program about parking for people with disabilities; and
(2) establish an advisory body in the political
subdivision, composed of members at least half of whom have a
disability or represent a nonprofit organization that serves the
needs of people with disabilities.
SECTION 7. The change in law made by this Act 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 8. This Act takes effect September 1, 2015.