Texas 2021 - 87th Regular

Texas House Bill HB2309 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R14451 CXP-D
2	2		By: Dominguez H.B. No. 2309
	3	+	Substitute the following for H.B. No. 2309:
	4	+	By: Ortega C.S.H.B. No. 2309
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the enforcement of parking privileges for people with
8	10		disabilities; increasing criminal fines; authorizing a fee.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subchapter B, Chapter 45, Code of Criminal
11	13		Procedure, is amended by adding Article 45.0512 to read as follows:
12	14		Art. 45.0512. DISABLED PARKING COURSE DISMISSAL
13	15		PROCEDURES. (a) This article applies only to an alleged offense
14	16		that:
15	17		(1) is within the jurisdiction of a justice court or a
16	18		municipal court; and
17	19		(2) is defined by Section 681.011, Transportation
18	20		Code.
19	21		(b) The judge may require the defendant to successfully
20	22		complete a disabled parking course approved by the political
21	23		subdivision in which the alleged offense occurred if:
22	24		(1) the defendant has not completed a disabled parking
23	25		course approved by the political subdivision within the 12 months
24	26		preceding the date of the offense; and
25	27		(2) the defendant enters a plea under Article 45.021
26	28		in person or in writing of no contest or guilty on or before the
27	29		answer date on the notice to appear and:
28	30		(A) presents in person or by counsel to the court
29	31		a request to take a course; or
30	32		(B) sends to the court by certified mail, return
31	33		receipt requested, postmarked on or before the answer date on the
32	34		notice to appear, a written request to take a course.
33	35		(c) The court shall enter judgment on the defendant's plea
34	36		of no contest or guilty at the time the plea is made, defer
35	37		imposition of the judgment, and allow the defendant 90 days to
36	38		successfully complete the approved disabled parking course and
37	39		present to the court:
38	40		(1) a certificate, in a form approved by the political
39	41		subdivision that approved the course, of completion of the disabled
40	42		parking course; and
41	43		(2) confirmation from the political subdivision in
42	44		which the alleged offense occurred that the defendant was not
43	45		taking a disabled parking course approved by that subdivision under
44	46		this article on the date the request to take the course was made and
45	47		had not completed such a course within the 12 months preceding the
46	48		date of the offense.
47	49		(d) A request to take a disabled parking course made at or
48	50		before the time and at the place at which a defendant is required to
49	51		appear in court is an appearance in compliance with the defendant's
50	52		promise to appear.
51	53		(e) In addition to court costs and fees authorized or
52	54		imposed by a law of this state and applicable to the offense, the
53	55		court may require a defendant requesting a course under Subsection
54	56		(b) to pay an administrative fee set by the court to cover the cost
55	57		of administering this article at an amount of not more than $10.
56	58		(f) A defendant who requests but does not take a course is
57	59		not entitled to a refund of the fee.
58	60		(g) Fees collected by a municipal court shall be deposited
59	61		in the municipal treasury. Fees collected by another court shall be
60	62		deposited in the county treasury of the county in which the court is
61	63		located.
62	64		(h) If a defendant requesting a course under this article
63	65		fails to comply with Subsection (c), the court shall:
64	66		(1) notify the defendant in writing, mailed to the
65	67		address on file with the court or appearing in the notice to appear,
66	68		of that failure; and
67	69		(2) require the defendant to appear at the time and
68	70		place stated in the notice to show cause why the evidence was not
69	71		timely submitted to the court.
70	72		(i) If the defendant fails to appear at the time and place
71	73		stated in the notice under Subsection (h), or appears at the time
72	74		and place stated in the notice but does not show good cause for the
73	75		defendant's failure to comply with Subsection (c), the court shall
74	76		enter an adjudication of guilt and impose sentence.
75	77		(j) On a defendant's showing of good cause for failure to
76	78		furnish evidence to the court, the court may allow an extension of
77	79		time during which the defendant may present a certificate of course
78	80		completion as evidence that the defendant successfully completed
79	81		the disabled parking course.
80	82		(k) When a defendant complies with Subsection (c), the court
81	83		shall remove the judgment and dismiss the charge.
82	84		(l) The court may dismiss only one charge for each
83	85		completion of a course.
84	86		(m) An order of deferral under Subsection (c) terminates any
85	87		liability under a bond given for the charge.
86	88		SECTION 2. Section 681.010, Transportation Code, is amended
87	89		by adding Subsection (c) to read as follows:
88	90		(c) A charge filed under this section may be filed manually
89	91		or in an electronically secure format.
90	92		SECTION 3. Section 681.0101, Transportation Code, is
91	93		amended by adding Subsections (a-1) and (b-1) and amending
92	94		Subsection (b) to read as follows:
93	95		(a-1) A charge filed under this section may be filed
94	96		manually or in an electronically secure format.
95	97		(b) A person appointed under this section must:
96	98		(1) be a United States citizen of good moral character
97	99		who has not been convicted of a felony;
98	100		(2) take and subscribe to an oath of office that the
99	101		political subdivision prescribes; and
100	102		(3) successfully complete a training program of at
101	103		least four hours in length developed or approved by the political
102	104		subdivision.
103	105		(b-1) A training program described by Subsection (b) must
104	106		include:
105	107		(1) information on laws governing parking for people
106	108		with disabilities;
107	109		(2) information on the powers, rights, and
108	110		responsibilities of a person appointed under this section;
109	111		(3) instructions directing a person appointed under
110	112		this section not to confront suspected violators of laws governing
111	113		parking for people with disabilities; and
112	114		(4) procedures to report suspected violations of laws
113	115		governing parking for people with disabilities.
114	116		SECTION 4. Sections 681.011(g) and (k), Transportation
115	117		Code, are amended to read as follows:
116	118		(g) Except as provided by Subsections (h)-(k), an offense
117	119		under this section is a misdemeanor punishable by a fine of not less
118	120		than $500 or more than $1,000 [$750].
119	121		(k) If it is shown on the trial of an offense under this
120	122		section that the person has been previously convicted four times of
121	123		an offense under this section, the offense is punishable by a fine
122	124		of $1,650 [$1,250] and 50 hours of community service.
123	125		SECTION 5. Sections 681.011(h), (i), and (j),
124	126		Transportation Code, as amended by Chapters 1160 (H.B. 3095) and
125	127		1336 (S.B. 52), Acts of the 81st Legislature, Regular Session,
126	128		2009, are reenacted and amended to read as follows:
127	129		(h) If it is shown on the trial of an offense under this
128	130		section that the person has been previously convicted one time of an
129	131		offense under this section, the offense is punishable by:
130	132		(1) a fine of not less than $500 or more than $1,050
131	133		[$800]; and
132	134		(2) 10 hours of community service.
133	135		(i) If it is shown on the trial of an offense under this
134	136		section that the person has been previously convicted two times of
135	137		an offense under this section, the offense is punishable by:
136	138		(1) a fine of not less than $550 or more than $1,050
137	139		[$800]; and
138	140		(2) 20 hours of community service.
139	141		(j) If it is shown on the trial of an offense under this
140	142		section that the person has been previously convicted three times
141	143		of an offense under this section, the offense is punishable by:
142	144		(1) a fine of not less than $800 or more than $1,450
143	145		[$1,100]; and
144	146		(2) 30 hours of community service.
145	147		SECTION 6. The changes in law made by this Act apply only to
146	148		an offense committed on or after the effective date of this Act. An
147	149		offense committed before the effective date of this Act is governed
148	150		by the law in effect on the date the offense was committed, and the
149	151		former law is continued in effect for that purpose. For purposes of
150	152		this section, an offense was committed before the effective date of
151	153		this Act if any element of the offense occurred before that date.
152	154		SECTION 7. This Act takes effect September 1, 2021.