1-1     By:  Krusee (Senate Sponsor - Ogden)                  H.B. No. 2173
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 10, 2001, reported favorably by
 1-5     the following vote:  Yeas 5, Nays 0; May 10, 2001, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the authority of certain local entities to create a
1-10     presumption in  a prosecution for an offense involving the parking,
1-11     standing, or stopping of a motor vehicle.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1. Section 251.156, Transportation Code, is amended
1-14     to read as follows:
1-15           Sec. 251.156.  PARKING RESTRICTIONS. (a)  The commissioners
1-16     court of a county by order may have signs installed that prohibit
1-17     or restrict the stopping, standing, or parking of a vehicle in a
1-18     restricted traffic zone on property described by Section 251.151,
1-19     if in the opinion of the court the stopping, standing, or parking:
1-20                 (1)  is dangerous to those using the road or property;
1-21     or
1-22                 (2)  will unduly interfere with:
1-23                       (A)  the free movement of traffic; or
1-24                       (B)  the necessary control or use of the
1-25     property.
1-26           (b)  The commissioners court of a county by order may provide
1-27     that in a prosecution for an offense involving the stopping,
1-28     standing, or parking of an unattended motor vehicle in a restricted
1-29     traffic zone on property described by Section 251.151 it is
1-30     presumed that the registered owner of the vehicle is the person who
1-31     stopped, stood, or parked the vehicle at the time and place the
1-32     offense occurred.
1-33           SECTION 2. Subchapter G, Chapter 545, Transportation Code, is
1-34     amended by adding Section 545.308 to read as follows:
1-35           Sec. 545.308.  PRESUMPTION. The governing body of a local
1-36     authority, by ordinance, order, or other official action, may
1-37     provide that in a prosecution for an offense under this subchapter
1-38     involving the stopping, standing, or parking of an unattended motor
1-39     vehicle it is presumed that the registered owner of the vehicle is
1-40     the person who stopped, stood, or parked the vehicle at the time
1-41     and place the offense occurred.
1-42           SECTION 3. This Act takes effect September 1, 2001.
1-43                                  * * * * *