By: Zaffirini S.B. No. 1743
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of parking privileges for people with
disabilities; authorizing a reimbursement 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 reimbursement 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 reimbursement fee.
(g) Reimbursement fees collected by a municipal court shall
be deposited in the municipal treasury. Reimbursement 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. Chapter 681, Transportation Code, is amended by
adding Section 681.0041 to read as follows:
Sec. 681.0041. RETURN OF PARKING PLACARD. (a) A person who
receives a disabled parking placard shall return the placard to the
county assessor-collector that issued the placard, or the county
assessor-collector of the county in which the person resides, if
the placard is unexpired and the person ceases to have a disability
that makes the person eligible for the placard. The person must
return the placard not later than the 60th day after the date the
person ceases to have a disability that makes the person eligible
for the placard.
(b) A decedent's personal representative, as defined by
Section 22.031, Estates Code, or next of kin, if any, shall return
an unexpired disabled parking placard issued to the decedent to the
county assessor-collector that issued the placard, or the county
assessor-collector of the county in whish the decedent resided, not
later than the 60th day after the date the decedent died.
(c) A county assessor-collector that receives a disabled
parking placard shall notify the department of the return.
SECTION 3. 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 4. 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 5. 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 6. Article 45.0512, Code of Criminal Procedure, as
added 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 7. This Act takes effect January 1, 2022.