Texas 2019 - 86th Regular

Texas Senate Bill SB870 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10275 JXC-F
2	2	By: Zaffirini S.B. No. 870
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement of parking privileges for people with
8	8	disabilities; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 45, Code of Criminal
11	11	Procedure, is amended by adding Article 45.0512 to read as follows:
12	12	Art. 45.0512. DISABLED PARKING COURSE DISMISSAL
13	13	PROCEDURES. (a) This article applies only to an alleged offense
14	14	that:
15	15	(1) is within the jurisdiction of a justice court or a
16	16	municipal court; and
17	17	(2) is defined by Section 681.011, Transportation
18	18	Code.
19	19	(b) The judge may require the defendant to successfully
20	20	complete a disabled parking course approved by the political
21	21	subdivision in which the alleged offense occurred if:
22	22	(1) the defendant has not completed a disabled parking
23	23	course approved by the political subdivision within the 12 months
24	24	preceding the date of the offense; and
25	25	(2) the defendant enters a plea under Article 45.021
26	26	in person or in writing of no contest or guilty on or before the
27	27	answer date on the notice to appear and:
28	28	(A) presents in person or by counsel to the court
29	29	a request to take a course; or
30	30	(B) sends to the court by certified mail, return
31	31	receipt requested, postmarked on or before the answer date on the
32	32	notice to appear, a written request to take a course.
33	33	(c) The court shall enter judgment on the defendant's plea
34	34	of no contest or guilty at the time the plea is made, defer
35	35	imposition of the judgment, and allow the defendant 90 days to
36	36	successfully complete the approved disabled parking course and
37	37	present to the court:
38	38	(1) a certificate, in a form approved by the political
39	39	subdivision that approved the course, of completion of the disabled
40	40	parking course; and
41	41	(2) confirmation from the political subdivision in
42	42	which the alleged offense occurred that the defendant was not
43	43	taking a disabled parking course approved by that subdivision under
44	44	this article on the date the request to take the course was made and
45	45	had not completed such a course within the 12 months preceding the
46	46	date of the offense.
47	47	(d) A request to take a disabled parking course made at or
48	48	before the time and at the place at which a defendant is required to
49	49	appear in court is an appearance in compliance with the defendant's
50	50	promise to appear.
51	51	(e) In addition to court costs and fees authorized or
52	52	imposed by a law of this state and applicable to the offense, the
53	53	court may require a defendant requesting a course under Subsection
54	54	(b) to pay an administrative fee set by the court to cover the cost
55	55	of administering this article at an amount of not more than $10.
56	56	(f) A defendant who requests but does not take a course is
57	57	not entitled to a refund of the fee.
58	58	(g) Fees collected by a municipal court shall be deposited
59	59	in the municipal treasury. Fees collected by another court shall be
60	60	deposited in the county treasury of the county in which the court is
61	61	located.
62	62	(h) If a defendant requesting a course under this article
63	63	fails to comply with Subsection (c), the court shall:
64	64	(1) notify the defendant in writing, mailed to the
65	65	address on file with the court or appearing in the notice to appear,
66	66	of that failure; and
67	67	(2) require the defendant to appear at the time and
68	68	place stated in the notice to show cause why the evidence was not
69	69	timely submitted to the court.
70	70	(i) If the defendant fails to appear at the time and place
71	71	stated in the notice under Subsection (h), or appears at the time
72	72	and place stated in the notice but does not show good cause for the
73	73	defendant's failure to comply with Subsection (c), the court shall
74	74	enter an adjudication of guilt and impose sentence.
75	75	(j) On a defendant's showing of good cause for failure to
76	76	furnish evidence to the court, the court may allow an extension of
77	77	time during which the defendant may present a certificate of course
78	78	completion as evidence that the defendant successfully completed
79	79	the disabled parking course.
80	80	(k) When a defendant complies with Subsection (c), the court
81	81	shall remove the judgment and dismiss the charge.
82	82	(l) The court may dismiss only one charge for each
83	83	completion of a course.
84	84	(m) An order of deferral under Subsection (c) terminates any
85	85	liability under a bond given for the charge.
86	86	SECTION 2. Subchapter B, Chapter 103, Government Code, is
87	87	amended by adding Section 103.042 to read as follows:
88	88	Sec. 103.042. ADDITIONAL FEES IN CERTAIN CRIMINAL CASES:
89	89	CODE OF CRIMINAL PROCEDURE. An accused or defendant shall pay, if
90	90	ordered by the court or otherwise required, in addition to any other
91	91	fees or costs an administrative fee not to exceed $10 for requesting
92	92	a disabled parking course to cover the cost of administering
93	93	Article 45.0512(e), Code of Criminal Procedure.
94	94	SECTION 3. Chapter 681, Transportation Code, is amended by
95	95	adding Section 681.0041 to read as follows:
96	96	Sec. 681.0041. RETURN OF PARKING PLACARD. (a) A person who
97	97	receives a disabled parking placard shall return the placard to the
98	98	county assessor-collector that issued the placard, or the county
99	99	assessor-collector of the county in which the person resides, if
100	100	the placard is unexpired and the person ceases to have a disability
101	101	that makes the person eligible for the placard. The person must
102	102	return the placard not later than the 30th day after the date the
103	103	person ceases to have a disability that makes the person eligible
104	104	for the placard.
105	105	(b) A decedent's personal representative, as defined by
106	106	Section 22.031, Estates Code, or next of kin, if any, shall return
107	107	an unexpired disabled parking placard issued to the decedent to the
108	108	county assessor-collector that issued the placard, or the county
109	109	assessor-collector of the county in which the decedent resided, not
110	110	later than the 30th day after the date the decedent died.
111	111	(c) A county assessor-collector that receives a disabled
112	112	parking placard shall notify the department of the return.
113	113	SECTION 4. Section 681.010, Transportation Code, is amended
114	114	by adding Subsection (c) to read as follows:
115	115	(c) A charge filed under this section may be filed manually
116	116	or in an electronically secure format.
117	117	SECTION 5. Section 681.0101, Transportation Code, is
118	118	amended by adding Subsections (a-1) and (b-1) and amending
119	119	Subsection (b) to read as follows:
120	120	(a-1) A charge filed under this section may be filed
121	121	manually or in an electronically secure format.
122	122	(b) A person appointed under this section must:
123	123	(1) be a United States citizen of good moral character
124	124	who has not been convicted of a felony;
125	125	(2) take and subscribe to an oath of office that the
126	126	political subdivision prescribes; and
127	127	(3) successfully complete a training program of at
128	128	least four hours in length developed or approved by the political
129	129	subdivision.
130	130	(b-1) A training program described by Subsection (b) must
131	131	include:
132	132	(1) information on laws governing parking for people
133	133	with disabilities;
134	134	(2) information on the powers, rights, and
135	135	responsibilities of a person appointed under this section;
136	136	(3) instructions directing a person appointed under
137	137	this section not to confront suspected violators of laws governing
138	138	parking for people with disabilities; and
139	139	(4) procedures to report suspected violations of laws
140	140	governing parking for people with disabilities.
141	141	SECTION 6. Chapter 681, Transportation Code, is amended by
142	142	adding Section 681.014 to read as follows:
143	143	Sec. 681.014. DISPOSITION OF FINES. Notwithstanding
144	144	Section 542.402, a political subdivision that collects fines for
145	145	violations of Section 681.011 may use not more than 40 percent of
146	146	the fine revenue to:
147	147	(1) provide a community education and awareness
148	148	program about parking for people with disabilities; and
149	149	(2) establish an advisory body in the political
150	150	subdivision, composed of members at least half of whom have a
151	151	disability or represent a nonprofit organization that serves the
152	152	needs of people with disabilities.
153	153	SECTION 7. Article 45.0512, Code of Criminal Procedure, as
154	154	added by this Act, applies only to an offense committed on or after
155	155	the effective date of this Act. An offense committed before the
156	156	effective date of this Act is governed by the law in effect on the
157	157	date the offense was committed, and the former law is continued in
158	158	effect for that purpose. For purposes of this section, an offense
159	159	was committed before the effective date of this Act if any element
160	160	of the offense occurred before that date.
161	161	SECTION 8. This Act takes effect January 1, 2020.