87R14451 CXP-D
By: Dominguez H.B. No. 2309
Substitute the following for H.B. No. 2309:
By: Ortega C.S.H.B. No. 2309
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of parking privileges for people with
disabilities; increasing criminal fines; authorizing a fee.
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 bond given for the charge.
SECTION 2. 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 3. 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 4. Sections 681.011(g) and (k), Transportation
Code, are amended to read as follows:
(g) Except as provided by Subsections (h)-(k), an offense
under this section is a misdemeanor punishable by a fine of not less
than $500 or more than $1,000 [$750].
(k) If it is shown on the trial of an offense under this
section that the person has been previously convicted four times of
an offense under this section, the offense is punishable by a fine
of $1,650 [$1,250] and 50 hours of community service.
SECTION 5. Sections 681.011(h), (i), and (j),
Transportation Code, as amended by Chapters 1160 (H.B. 3095) and
1336 (S.B. 52), Acts of the 81st Legislature, Regular Session,
2009, are reenacted and amended to read as follows:
(h) If it is shown on the trial of an offense under this
section that the person has been previously convicted one time of an
offense under this section, the offense is punishable by:
(1) a fine of not less than $500 or more than $1,050
[$800]; and
(2) 10 hours of community service.
(i) If it is shown on the trial of an offense under this
section that the person has been previously convicted two times of
an offense under this section, the offense is punishable by:
(1) a fine of not less than $550 or more than $1,050
[$800]; and
(2) 20 hours of community service.
(j) If it is shown on the trial of an offense under this
section that the person has been previously convicted three times
of an offense under this section, the offense is punishable by:
(1) a fine of not less than $800 or more than $1,450
[$1,100]; and
(2) 30 hours of community service.
SECTION 6. The changes in law made by this Act apply 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 7. This Act takes effect September 1, 2021.