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A BILL TO BE ENTITLED
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AN ACT
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relating to the ability of municipalities to authorize parking |
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enforcement officers to issue violations; creating a civil offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 502.407, Transportation Code, is amended |
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by amending Subsection (c) to read as follows: |
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Sec. 502.407. OPERATION OF VEHICLE WITH EXPIRED LICENSE |
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PLATE. |
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(a) A person commits an offense if, after the fifth working |
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day after the date the registration for the vehicle expires: |
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(1) the person operates on a public highway during a |
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registration period a motor vehicle, trailer, or semitrailer that |
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has attached to it a license plate for the preceding period; and |
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(2) the license plate has not been validated by the |
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attachment of a registration insignia for the registration period |
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in effect. |
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(b) A justice of the peace or municipal court judge having |
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jurisdiction of the offense may: |
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(1) dismiss a charge of driving with an expired motor |
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vehicle registration if the defendant: |
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(A) remedies the defect not later than the 20th |
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working day after the date of the offense or before the defendant's |
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first court appearance date, whichever is later; and |
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(B) establishes that the fee prescribed by |
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Section 502.176 has been paid; and |
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(2) assess an administrative fee not to exceed $20 |
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when the charge is dismissed. |
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(c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1296, Sec. |
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247(6), eff. January 1, 2012. |
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(d) Municipalities may authorize parking enforcement |
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officers to issue civil parking violations to vehicles parked on |
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the public right-of-way for an expired license plate as described |
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by this section. This subsection shall not be construed as to |
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replace or modify the criminal violation currently issued by peace |
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officers. |
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SECTION 2. Sec. 548.602, Transportation Code, is amended by |
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adding amending subsection (c) and adding subsection (d) as |
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follows: |
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Sec. 548.602. FAILURE TO DISPLAY INSPECTION CERTIFICATE. |
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(a) After the fifth day after the date of expiration of the |
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period designated for inspection, a person may not operate: |
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(1) a motor vehicle registered in this state unless a |
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current and appropriate inspection certificate is displayed on the |
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vehicle; or |
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(2) a commercial motor vehicle registered in this |
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state unless it is equipped as required by federal motor carrier |
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safety regulations and displays an inspection certificate issued |
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under the program established under Section 548.201. |
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(b) A peace officer who exhibits a badge or other sign of |
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authority may stop a vehicle not displaying an inspection |
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certificate on the windshield and require the owner or operator to |
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produce an inspection certificate for the vehicle. |
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(c) [It is a defense to prosecution under Subsection (a)(1)
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that an inspection certificate for the vehicle is in effect at the
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time of the arrest] |
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Municipalities may authorize parking |
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enforcement officers to issue civil parking violations to vehicles |
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parked on the public right-of-way that: |
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1) fail to show an inspection certificate; or |
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2) show an expired inspection certificate. |
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This Subsection shall not be construed as to replace or modify the |
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criminal violation currently issued by peace officers under this |
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Section. |
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(d) It is a defense to prosecution under Subsection (a)(1) |
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and Subsection (c)that an inspection certificate for the vehicle |
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is in effect at the time of the arrest. |
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SECTION 3. This Act takes effect September 1, 2013. |