SRC-JBJ S.B. 787 76(R)BILL ANALYSIS


Senate Research CenterS.B. 787
By: Harris
Jurisprudence
6/21/1999
Enrolled


DIGEST 

Currently, an airport may be operated jointly by two municipalities.  A
joint board oversees the administration of airport activities, including
parking regulation.  The board may be able to exercise municipal powers of
administrative adjudication of parking offense that occur at the airport,
with clarification in relevant statutes.  S.B. 787 will grant direct
authority to the airport board to declare a parking violation at the
airport a civil offense. 

PURPOSE

As enrolled, S.B. 787 grants airports operated jointly by two
municipalities the power of administrative adjudication for a parking
offense. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to certain joint boards in SECTION 2
(Section 682.003, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading to Chapter 682, Transportation Code, as
follows: 

CHAPTER 682.  New heading:  ADMINISTRATIVE ADJUDICATION OF VEHICLE PARKING
AND STOPPING OFFENSES 

SECTION 2.  Amends Sections 682.001, 682.002, 682.003, and 682.004,
Transportation Code, as follows: 

Sec. 682.001.  APPLICABILITY.  Applies this chapter to certain
municipalities and to a joint board (an entity defined by Section
22.074(a), Transportation Code; created by public agencies acting jointly
under Chapter 220, Transportation Code; and consisting of members appointed
by the governing authority of each participating public agency) operating
an airport.  Makes conforming changes. 
 
Sec. 682.002.  CIVIL OFFENSE.  Authorizes a joint board, to which Section
22.074(d) applies, to declare as a civil offense certain violations
relating to parking or stopping a vehicle. 

Sec. 682.003.  New heading:  ADOPTION OF HEARING PROCEDURE.  Authorizes a
joint board to establish an administrative adjudication hearing procedure
under which a civil fine may be imposed. 

Sec. 682.004.  CONTENT OF ORDINANCE.  Authorizes a hearing for a person
charged with certain parking or stopping violations, and resolutions, rules
or orders. 

SECTION 3.  Amends Section 682.009(b), Transportation Code, to authorize
certain orders to be filed with a person designated by the joint board.
Requires the designated person to keep the order in a separate index and
file. 

SECTION 4.  Amends Section 682.010, Transportation Code, to authorize an
order filed under Section 682.009 to be enforced by denying the issuance of
or revoking a parking or operating permit, as applicable. 
 
SECTION 5.  Amends Section 682.011(c), Transportation Code, to provide that
an appeal does not stay enforcement or collection of a judgment, unless the
agency of the joint board accepts payment for a parking or stopping
violation, or unless a person, before the appeal, posts a bond before with
the agency to accept payment for the violation. 

SECTION 6.  Emergency clause.
  Effective date: upon passage.