By: Zaffirini  S.B. No. 52
         (In the Senate - Filed November 10, 2008; February 10, 2009,
  read first time and referred to Committee on Transportation and
  Homeland Security; March 9, 2009, reported favorably by the
  following vote:  Yeas 8, Nays 0; March 9, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the penalties for the illegal use of a parking space or
  area designated specifically for persons with disabilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections 681.011(g), (h), (i), and (j),
  Section 681.011, Transportation Code, are amended to read as
  follows:
         (g)  Except as provided by Subsections (h)-(k), an offense
  under this section is a misdemeanor punishable by a fine of not less
  than $500 [$250] or more than $750 [$500].
         (h)  If it is shown on the trial of an offense under this
  section that the person has been previously convicted one time of an
  offense under this section, the offense is punishable by:
               (1)  a fine of not less than $550 [$300] or more than
  $800 [$600]; and
               (2)  10 hours of community service.
         (i)  If it is shown on the trial of an offense under this
  section that the person has been previously convicted two times of
  an offense under this section, the offense is punishable by:
               (1)  a fine of not less than $550 [$300] or more than
  $800 [$600]; and
               (2)  not less than 20 [10] or more than 30 [20] hours of
  community service.
         (j)  If it is shown on the trial of an offense under this
  section that the person has been previously convicted three times
  of an offense under this section, the offense is punishable by:
               (1)  a fine of not less than $800 [$500] or more than
  $1,100 [$1,000]; and
               (2)  [not less than 20 or more than] 50 hours of
  community service.
         SECTION 2.  (a)  The change in law made by this Act applies
  only to an offense committed on or after September 1, 2009.
         (b)  An offense committed before September 1, 2009, is
  covered by the law in effect when the offense was committed, and the
  former law is continued in effect for that purpose.  For purposes of
  this subsection, an offense was committed before September 1, 2009,
  if any element of the offense was committed before that date.
         SECTION 3.  This Act takes effect September 1, 2009.
 
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