SRC-SEW H.B. 2173 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2173
77R7022 JD-DBy: Krusee (Ogden)
Intergovernmental Relations
5/4/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, both cities and counties have the power to regulate the
stopping, standing, and parking of vehicles, but the powers are not
identical. Counties are not permitted to make a presumption that the
registered owner of the motor vehicle is the person who stopped, stood, or
parked the vehicle at the time and place the offense occurred. Instead they
must prove in court that the person who received the ticket was actually
the person who committed the violation. H.B. 2173 authorizes counties to
make the same presumption as cities regarding parking violations.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 251.156, Transportation Code, to authorize the
commissioners court of a county by order to provide that in a prosecution
for an offense involving the stopping, standing, or parking of an
unattended motor vehicle in a restricted traffic zone on property described
by Section 251.151, it is presumed that the registered owner of the vehicle
is the person who stopped, stood, or parked the vehicle at the time and
place the offense occurred.  Makes a nonsubstantive change. 

SECTION 2.  Amends Chapter 545G, Transportation Code, by adding Section
545.308, as follows: 
 
Sec. 545.308.  PRESUMPTION.  Authorizes the governing body of a local
authority, by ordinance, order, or other official action, to provide that
in a prosecution for an offense under this subchapter involving the
stopping, standing, or parking of an unattended motor vehicle it is
presumed that the registered owner of the vehicle is the person who
stopped, stood, or parked the vehicle at the time and place the offense
occurred. 
 
SECTION 3.  Effective date:  September 1, 2001.