By Brimer H.B. No. 2043
76R4881 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administrative adjudication of parking offenses at
1-3 certain airports operated jointly by two municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The chapter heading to Chapter 682,
1-6 Transportation Code, is amended to read as follows:
1-7 CHAPTER 682. ADMINISTRATIVE ADJUDICATION OF VEHICLE PARKING
1-8 AND STOPPING OFFENSES [IN CERTAIN MUNICIPALITIES]
1-9 SECTION 2. Sections 682.001, 682.002, 682.003, and 682.004,
1-10 Transportation Code, are amended to read as follows:
1-11 Sec. 682.001. APPLICABILITY. This chapter applies only to:
1-12 (1) a municipality that:
1-13 (A) [(1)] has a population greater than 125,000
1-14 and operates under a council-manager form of government; or
1-15 (B) [(2)] has a population of 500,000 or more;
1-16 and
1-17 (2) an airport operated by a joint board to which
1-18 Section 22.074(d) applies.
1-19 Sec. 682.002. CIVIL OFFENSE. (a) A municipality may
1-20 declare the violation of a municipal ordinance relating to parking
1-21 or stopping a vehicle to be a civil offense.
1-22 (b) A joint board to which Section 22.074(d) applies may
1-23 declare the violation of a resolution, rule, or order of the joint
1-24 board relating to parking or stopping a vehicle to be a civil
2-1 offense.
2-2 Sec. 682.003. ADOPTION OF [ORDINANCE ESTABLISHING] HEARING
2-3 PROCEDURE. A municipality may by ordinance or a joint board may by
2-4 resolution, rule, or order establish an administrative adjudication
2-5 hearing procedure under which a civil fine may be imposed.
2-6 Sec. 682.004. CONTENT OF ORDINANCE. An ordinance,
2-7 resolution, rule, or order adopted under this chapter must provide
2-8 that a person charged with violating a parking or stopping
2-9 ordinance, resolution, rule, or order is entitled to a hearing and
2-10 provide for:
2-11 (1) the period during which a hearing must be held;
2-12 (2) the appointment of a hearing officer with
2-13 authority to administer oaths and issue orders compelling the
2-14 attendance of witnesses and the production of documents; and
2-15 (3) the amount and disposition of civil fines, costs,
2-16 and fees.
2-17 SECTION 3. Section 682.009(b), Transportation Code, is
2-18 amended to read as follows:
2-19 (b) The order issued under Subsection (a) may be filed with
2-20 the clerk or secretary of the municipality or a person designated
2-21 by the joint board. The clerk, [or] secretary, or designated
2-22 person shall keep the order in a separate index and file. The
2-23 order may be recorded using microfilm, microfiche, or data
2-24 processing techniques.
2-25 SECTION 4. Section 682.010, Transportation Code, is amended
2-26 to read as follows:
2-27 Sec. 682.010. ENFORCEMENT. An order filed under Section
3-1 682.009 may be enforced by:
3-2 (1) impounding the vehicle if the offender has
3-3 committed three or more vehicle parking or stopping offenses in a
3-4 calendar year;
3-5 (2) placing a device on the vehicle that prohibits
3-6 movement of the motor vehicle;
3-7 (3) imposing an additional fine if the original fine
3-8 is not paid within a specified time; or
3-9 (4) denying issuance of or revoking a parking or
3-10 operating permit, as applicable.
3-11 SECTION 5. Section 682.011(c), Transportation Code, is
3-12 amended to read as follows:
3-13 (c) An appeal does not stay enforcement and collection of
3-14 the judgment unless the person, before appealing, posts bond with,
3-15 as applicable:
3-16 (1) the agency of the municipality designated by
3-17 ordinance to accept payment for a violation of a parking or
3-18 stopping ordinance; or
3-19 (2) the agency of the joint board designated by the
3-20 resolution, rule, or order to accept payment for a violation of a
3-21 parking or stopping resolution, rule, or order.
3-22 SECTION 6. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
4-1 passage, and it is so enacted.