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By: Herrero (Senate Sponsor - Hinojosa) |
H.B. No. 400 |
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(In the Senate - Received from the House March 30, 2009; |
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April 27, 2009, read first time and referred to Committee on |
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Transportation and Homeland Security; May 21, 2009, reported |
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favorably by the following vote: Yeas 8, Nays 0; May 21, 2009, sent |
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to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the dismissal of a charge of unlawfully parking a |
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vehicle in a space designated specifically for persons with |
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disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 681, Transportation Code, is amended by |
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adding Section 681.013 to read as follows: |
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Sec. 681.013. DISMISSAL OF CHARGE; ADMINISTRATIVE FEE. (a) |
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In this section, "working day" means any day other than a Saturday, |
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a Sunday, or a holiday on which county offices are closed. |
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(b) The court shall: |
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(1) dismiss a charge for an offense under Section |
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681.011(b)(1) if: |
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(A) the vehicle displayed a disabled parking |
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placard that was not valid as expired; |
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(B) the defendant remedies the defect by renewing |
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the expired disabled parking placard within 20 working days from |
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the date of the offense or before the defendant's first court |
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appearance date, whichever is later; and |
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(C) the disabled parking placard has not been |
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expired for more than 60 days; and |
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(2) assess an administrative fee not to exceed $20 |
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when the charge has been remedied. |
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(c) Notwithstanding Subsection (b)(1)(C), the court may |
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dismiss a charge of unlawfully parking a vehicle in a space |
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designated specifically for persons with disabilities, if at the |
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time of the offense the defendant's vehicle displays a disabled |
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parking placard that has been expired for more than 60 days. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |
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* * * * * |