Texas 2021 - 87th Regular

Texas Senate Bill SB1743 Compare Versions

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

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1	1	By: Zaffirini S.B. No. 1743
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the enforcement of parking privileges for people with
7	7	disabilities; authorizing a reimbursement fee.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter B, Chapter 45, Code of Criminal
10	10	Procedure, is amended by adding Article 45.0512 to read as follows:
11	11	Art. 45.0512. DISABLED PARKING COURSE DISMISSAL PROCEDURES.
12	12	(a) This article applies only to an alleged offense that:
13	13	(1) is within the jurisdiction of a justice court or a
14	14	municipal court; and
15	15	(2) is defined by Section 681.011, Transportation
16	16	Code.
17	17	(b) The judge may require the defendant to successfully
18	18	complete a disabled parking course approved by the political
19	19	subdivision in which the alleged offense occurred if:
20	20	(1) the defendant has not completed a disabled parking
21	21	course approved by the political subdivision within the 12 months
22	22	preceding the date of the offense; and
23	23	(2) the defendant enters a plea under Article 45.021
24	24	in person or in writing of no contest or guilty on or before the
25	25	answer date on the notice to appear and:
26	26	(A) presents in person or by counsel to the court
27	27	a request to take a course; or
28	28	(B) sends to the court by certified mail, return
29	29	receipt requested, postmarked on or before the answer date on the
30	30	notice to appear, a written request to take a course.
31	31	(c) The court shall enter judgment on the defendant's plea
32	32	of no contest or guilty at the time the plea is made, defer
33	33	imposition of the judgment, and allow the defendant 90 days to
34	34	successfully complete the approved disabled parking course and
35	35	present to the court:
36	36	(1) a certificate, in a form approved by the political
37	37	subdivision that approved the course, of completion of the disabled
38	38	parking course; and
39	39	(2) confirmation from the political subdivision in
40	40	which the alleged offense occurred that the defendant was not
41	41	taking a disabled parking course approved by that subdivision under
42	42	this article on the date the request to take the course was made and
43	43	had not completed such a course within the 12 months preceding the
44	44	date of the offense.
45	45	(d) A request to take a disabled parking course made at or
46	46	before the time and at the place at which a defendant is required to
47	47	appear in court is an appearance in compliance with the defendant's
48	48	promise to appear.
49	49	(e) In addition to court costs and fees authorized or
50	50	imposed by a law of this state and applicable to the offense, the
51	51	court may require a defendant requesting a course under Subsection
52	52	(b) to pay an administrative reimbursement fee set by the court to
53	53	cover the cost of administering this article at an amount of not
54	54	more than $10.
55	55	(f) A defendant who requests but does not take a course is
56	56	not entitled to a refund of the reimbursement fee.
57	57	(g) Reimbursement fees collected by a municipal court shall
58	58	be deposited in the municipal treasury. Reimbursement fees
59	59	collected by another court shall be deposited in the county
60	60	treasury of the county in which the court is located.
61	61	(h) If a defendant requesting a course under this article
62	62	fails to comply with Subsection (c), the court shall:
63	63	(1) notify the defendant in writing, mailed to the
64	64	address on file with the court or appearing in the notice to appear,
65	65	of that failure; and
66	66	(2) require the defendant to appear at the time and
67	67	place stated in the notice to show cause why the evidence was not
68	68	timely submitted to the court.
69	69	(i) If the defendant fails to appear at the time and place
70	70	stated in the notice under Subsection (h), or appears at the time
71	71	and place stated in the notice but does not show good cause for the
72	72	defendant's failure to comply with Subsection (c), the court shall
73	73	enter an adjudication of guilt and impose sentence.
74	74	(j) On a defendant's showing of good cause for failure to
75	75	furnish evidence to the court, the court may allow an extension of
76	76	time during which the defendant may present a certificate of course
77	77	completion as evidence that the defendant successfully completed
78	78	the disabled parking course.
79	79	(k) When a defendant complies with Subsection (c), the court
80	80	shall remove the judgment and dismiss the charge.
81	81	(l) The court may dismiss only one charge for each
82	82	completion of a course.
83	83	(m) An order of deferral under Subsection (c) terminates any
84	84	liability under a bond given for the charge.
85	85	SECTION 2. Chapter 681, Transportation Code, is amended by
86	86	adding Section 681.0041 to read as follows:
87	87	Sec. 681.0041. RETURN OF PARKING PLACARD. (a) A person who
88	88	receives a disabled parking placard shall return the placard to the
89	89	county assessor-collector that issued the placard, or the county
90	90	assessor-collector of the county in which the person resides, if
91	91	the placard is unexpired and the person ceases to have a disability
92	92	that makes the person eligible for the placard. The person must
93	93	return the placard not later than the 60th day after the date the
94	94	person ceases to have a disability that makes the person eligible
95	95	for the placard.
96	96	(b) A decedent's personal representative, as defined by
97	97	Section 22.031, Estates Code, or next of kin, if any, shall return
98	98	an unexpired disabled parking placard issued to the decedent to the
99	99	county assessor-collector that issued the placard, or the county
100	100	assessor-collector of the county in whish the decedent resided, not
101	101	later than the 60th day after the date the decedent died.
102	102	(c) A county assessor-collector that receives a disabled
103	103	parking placard shall notify the department of the return.
104	104	SECTION 3. Section 681.010, Transportation Code, is amended
105	105	by adding Subsection (c) to read as follows:
106	106	(c) A charge filed under this section may be filed manually
107	107	or in an electronically secure format.
108	108	SECTION 4. Section 681.0101, Transportation Code, is
109	109	amended by adding Subsections (a-1) and (b-1) and amending
110	110	Subsection (b) to read as follows:
111	111	(a-1) A charge filed under this section may be filed
112	112	manually or in an electronically secure format.
113	113	(b) A person appointed under this section must:
114	114	(1) be a United States citizen of good moral character
115	115	who has not been convicted of a felony;
116	116	(2) take and subscribe to an oath of office that the
117	117	political subdivision prescribes; and
118	118	(3) successfully complete a training program of at
119	119	least four hours in length developed or approved by the political
120	120	subdivision.
121	121	(b-1) A training program described by Subsection (b) must
122	122	include:
123	123	(1) information on laws governing parking for people
124	124	with disabilities;
125	125	(2) information on the powers, rights, and
126	126	responsibilities of a person appointed under this section;
127	127	(3) instructions directing a person appointed under
128	128	this section not to confront suspected violators of laws governing
129	129	parking for people with disabilities; and
130	130	(4) procedures to report suspected violations of laws
131	131	governing parking for people with disabilities.
132	132	SECTION 5. Chapter 681, Transportation Code, is amended by
133	133	adding Section 681.014 to read as follows:
134	134	Sec. 681.014. DISPOSITION OF FINES. Notwithstanding
135	135	Section 542.402, a political subdivision that collects fines for
136	136	violations of Section 681.011 may use not more than 40 percent of
137	137	the fine revenue to:
138	138	(1) provide a community education and awareness
139	139	program about parking for people with disabilities; and
140	140	(2) establish an advisory body in the political
141	141	subdivision, composed of members at least half of whom have a
142	142	disability or represent a nonprofit organization that serves the
143	143	needs of people with disabilities.
144	144	SECTION 6. Article 45.0512, Code of Criminal Procedure, as
145	145	added by this Act, applies only to an offense committed on or after
146	146	the effective date of this Act. An offense committed before the
147	147	effective date of this Act is governed by the law in effect on the
148	148	date the offense was committed, and the former law is continued in
149	149	effect for that purpose. For purposes of this section, an offense
150	150	was committed before the effective date of this Act if any element
151	151	of the offense occurred before that date.
152	152	SECTION 7. This Act takes effect January 1, 2022.