1-1 By: Harris S.B. No. 787
1-2 (In the Senate - Filed March 2, 1999; March 3, 1999, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 8, 1999, reported favorably by the following vote: Yeas 4,
1-5 Nays 0; April 8, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the administrative adjudication of parking offenses at
1-9 certain airports operated jointly by two municipalities.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. The chapter heading to Chapter 682,
1-12 Transportation Code, is amended to read as follows:
1-13 CHAPTER 682. ADMINISTRATIVE ADJUDICATION OF VEHICLE PARKING
1-14 AND STOPPING OFFENSES [IN CERTAIN MUNICIPALITIES]
1-15 SECTION 2. Sections 682.001, 682.002, 682.003, and 682.004,
1-16 Transportation Code, are amended to read as follows:
1-17 Sec. 682.001. APPLICABILITY. This chapter applies only to:
1-18 (1) a municipality that:
1-19 (A) [(1)] has a population greater than 125,000
1-20 and operates under a council-manager form of government; or
1-21 (B) [(2)] has a population of 500,000 or more;
1-22 and
1-23 (2) an airport operated by a joint board to which
1-24 Section 22.074(d) applies.
1-25 Sec. 682.002. CIVIL OFFENSE. (a) A municipality may
1-26 declare the violation of a municipal ordinance relating to parking
1-27 or stopping a vehicle to be a civil offense.
1-28 (b) A joint board to which Section 22.074(d) applies may
1-29 declare the violation of a resolution, rule, or order of the joint
1-30 board relating to parking or stopping a vehicle to be a civil
1-31 offense.
1-32 Sec. 682.003. ADOPTION OF [ORDINANCE ESTABLISHING] HEARING
1-33 PROCEDURE. A municipality may by ordinance or a joint board may by
1-34 resolution, rule, or order establish an administrative adjudication
1-35 hearing procedure under which a civil fine may be imposed.
1-36 Sec. 682.004. CONTENT OF ORDINANCE. An ordinance,
1-37 resolution, rule, or order adopted under this chapter must provide
1-38 that a person charged with violating a parking or stopping
1-39 ordinance, resolution, rule, or order is entitled to a hearing and
1-40 provide for:
1-41 (1) the period during which a hearing must be held;
1-42 (2) the appointment of a hearing officer with
1-43 authority to administer oaths and issue orders compelling the
1-44 attendance of witnesses and the production of documents; and
1-45 (3) the amount and disposition of civil fines, costs,
1-46 and fees.
1-47 SECTION 3. Subsection (b), Section 682.009, Transportation
1-48 Code, is amended to read as follows:
1-49 (b) The order issued under Subsection (a) may be filed with
1-50 the clerk or secretary of the municipality or a person designated
1-51 by the joint board. The clerk, [or] secretary, or designated
1-52 person shall keep the order in a separate index and file. The
1-53 order may be recorded using microfilm, microfiche, or data
1-54 processing techniques.
1-55 SECTION 4. Section 682.010, Transportation Code, is amended
1-56 to read as follows:
1-57 Sec. 682.010. ENFORCEMENT. An order filed under Section
1-58 682.009 may be enforced by:
1-59 (1) impounding the vehicle if the offender has
1-60 committed three or more vehicle parking or stopping offenses in a
1-61 calendar year;
1-62 (2) placing a device on the vehicle that prohibits
1-63 movement of the motor vehicle;
1-64 (3) imposing an additional fine if the original fine
2-1 is not paid within a specified time; or
2-2 (4) denying issuance of or revoking a parking or
2-3 operating permit, as applicable.
2-4 SECTION 5. Subsection (c), Section 682.011, Transportation
2-5 Code, is amended to read as follows:
2-6 (c) An appeal does not stay enforcement and collection of
2-7 the judgment unless the person, before appealing, posts bond with,
2-8 as applicable:
2-9 (1) the agency of the municipality designated by
2-10 ordinance to accept payment for a violation of a parking or
2-11 stopping ordinance; or
2-12 (2) the agency of the joint board designated by the
2-13 resolution, rule, or order to accept payment for a violation of a
2-14 parking or stopping resolution, rule, or order.
2-15 SECTION 6. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended,
2-20 and that this Act take effect and be in force from and after its
2-21 passage, and it is so enacted.
2-22 * * * * *