| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to administrative fees assessed when certain charges are |
|
|
dismissed. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 502.407(b), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(b) A justice of the peace or municipal court judge having |
|
|
jurisdiction of the offense may[:
|
|
|
[(1)] dismiss a charge of driving with an expired |
|
|
motor vehicle registration if the defendant: |
|
|
(1) [(A)] remedies the defect not later than the 20th |
|
|
working day after the date of the offense or before the defendant's |
|
|
first court appearance date, whichever is later; [and] |
|
|
(2) [(B)] establishes that the fee prescribed by |
|
|
Section 502.045 [502.176] has been paid; and |
|
|
(3) pays [(2) assess] an administrative fee of [not to
|
|
|
exceed] $20 when the charge is dismissed. |
|
|
SECTION 2. Section 502.473(d), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(d) A court may dismiss a charge brought under Subsection |
|
|
(a) if the defendant: |
|
|
(1) shows that the motor vehicle was issued a |
|
|
registration insignia by the department that was attached to the |
|
|
motor vehicle, establishing that the vehicle was registered for the |
|
|
period during which the offense was committed; and |
|
|
(2) pays an administrative fee of $20 [not to exceed
|
|
|
$10]. |
|
|
SECTION 3. Section 502.475(c), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(c) A court may dismiss a charge brought under Subsection |
|
|
(a)(3) if the defendant: |
|
|
(1) remedies the defect before the defendant's first |
|
|
court appearance; and |
|
|
(2) pays an administrative fee of $20 [not to exceed
|
|
|
$10]. |
|
|
SECTION 4. Section 504.943(d), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(d) A court may dismiss a charge brought under Subsection |
|
|
(a)(1) if the defendant: |
|
|
(1) remedies the defect before the defendant's first |
|
|
court appearance; and |
|
|
(2) pays an administrative fee of $20 [not to exceed
|
|
|
$10]. |
|
|
SECTION 5. Section 504.945(d), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(d) A court may dismiss a charge brought under Subsection |
|
|
(a)(3), (5), (6), or (7) if the defendant: |
|
|
(1) remedies the defect before the defendant's first |
|
|
court appearance; and |
|
|
(2) pays an administrative fee of $20 [not to exceed
|
|
|
$10]. |
|
|
SECTION 6. Section 521.026(b), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(b) The judge shall [may] assess the defendant an |
|
|
administrative fee of [not to exceed] $20 when the charge of driving |
|
|
with an expired driver's license is dismissed under Subsection (a). |
|
|
SECTION 7. Section 521.054(d), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(d) A court may dismiss a charge for a violation of this |
|
|
section if the defendant remedies the defect not later than the 20th |
|
|
working day after the date of the offense and pays an administrative |
|
|
fee of [not to exceed] $20. [The court may waive the administrative
|
|
|
fee if the waiver is in the interest of justice.] |
|
|
SECTION 8. Section 521.221(d), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(d) A court may dismiss a charge for a violation of this |
|
|
section if: |
|
|
(1) the restriction or endorsement was imposed: |
|
|
(A) because of a physical condition that was |
|
|
surgically or otherwise medically corrected before the date of the |
|
|
offense; or |
|
|
(B) in error and that fact is established by the |
|
|
defendant; |
|
|
(2) the department removes the restriction or |
|
|
endorsement before the defendant's first court appearance; and |
|
|
(3) the defendant pays an administrative fee of $20 |
|
|
[not to exceed $10]. |
|
|
SECTION 9. Section 547.004(c), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(c) A court may dismiss a charge brought under this section |
|
|
if the defendant: |
|
|
(1) remedies the defect before the defendant's first |
|
|
court appearance; and |
|
|
(2) pays an administrative fee of $20 [not to exceed
|
|
|
$10]. |
|
|
SECTION 10. Sections 548.605(b) and (c), Transportation |
|
|
Code, are amended to read as follows: |
|
|
(b) The court shall: |
|
|
(1) dismiss a charge of driving with an expired |
|
|
inspection certificate if: |
|
|
(A) the defendant remedies the defect within 20 |
|
|
working days or before the defendant's first court appearance date, |
|
|
whichever is later; and |
|
|
(B) the inspection certificate has not been |
|
|
expired for more than 60 days; and |
|
|
(2) assess an administrative fee of [not to exceed] |
|
|
$20 when the charge of driving with an expired inspection |
|
|
certificate has been remedied. |
|
|
(c) Notwithstanding Subsection (b)(1)(B), the court may |
|
|
dismiss a charge of driving with an expired inspection certificate |
|
|
that has been expired for more than 60 days. The court shall assess |
|
|
an administrative fee of $20 when a charge is dismissed under this |
|
|
subsection. |
|
|
SECTION 11. Sections 681.013(b) and (c), Transportation |
|
|
Code, are amended to read as follows: |
|
|
(b) The court shall: |
|
|
(1) dismiss a charge for an offense under Section |
|
|
681.011(b)(1) if: |
|
|
(A) the vehicle displayed a disabled parking |
|
|
placard that was not valid as expired; |
|
|
(B) the defendant remedies the defect by renewing |
|
|
the expired disabled parking placard within 20 working days from |
|
|
the date of the offense or before the defendant's first court |
|
|
appearance date, whichever is later; and |
|
|
(C) the disabled parking placard has not been |
|
|
expired for more than 60 days; and |
|
|
(2) assess an administrative fee of [not to exceed] |
|
|
$20 when the charge has been remedied. |
|
|
(c) Notwithstanding Subsection (b)(1)(C), the court may |
|
|
dismiss a charge of unlawfully parking a vehicle in a space |
|
|
designated specifically for persons with disabilities, if at the |
|
|
time of the offense the defendant's vehicle displays a disabled |
|
|
parking placard that has been expired for more than 60 days. The |
|
|
court shall assess an administrative fee of $20 when a charge is |
|
|
dismissed under this subsection. |
|
|
SECTION 12. Section 31.127(f), Parks and Wildlife Code, is |
|
|
amended to read as follows: |
|
|
(f) A court may dismiss a charge of operating a vessel with |
|
|
an expired certificate of number under Section 31.021 if: |
|
|
(1) the defendant remedies the defect not later than |
|
|
the 10th working day after the date of the offense and pays an |
|
|
administrative fee of $20 [not to exceed $10]; and |
|
|
(2) the certificate of number has not been expired for |
|
|
more than 60 days. |
|
|
SECTION 13. Section 103.0213, Government Code, is amended |
|
|
to read as follows: |
|
|
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
|
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a |
|
|
party to a civil suit, as applicable, shall pay the following fees |
|
|
and costs under the Transportation Code if ordered by the court or |
|
|
otherwise required: |
|
|
(1) administrative fee on dismissal of charge of |
|
|
driving with an expired motor vehicle registration (Sec. 502.407, |
|
|
Transportation Code) . . . [not to exceed] $20; |
|
|
(2) administrative fee on dismissal of charge of |
|
|
driving with an expired driver's license (Sec. 521.026, |
|
|
Transportation Code) . . . [not to exceed] $20; |
|
|
(3) administrative fee on remediation of charge of |
|
|
driving with an expired inspection certificate (Sec. 548.605, |
|
|
Transportation Code) . . . [not to exceed] $20; |
|
|
(4) administrative fee for failure to appear for a |
|
|
complaint or citation on certain offenses (Sec. 706.006, |
|
|
Transportation Code) . . . $30 for each violation; and |
|
|
(5) administrative fee for failure to pay or satisfy |
|
|
certain judgments (Sec. 706.006, Transportation Code) . . . $30. |
|
|
SECTION 14. The change in law made by this Act applies only |
|
|
to an administrative fee assessed for an offense committed on or |
|
|
after the effective date of this Act. A fee assessed for an offense |
|
|
committed before the effective date of this Act is governed by the |
|
|
law in effect on the date the offense was committed, and the former |
|
|
law is continued in effect for that purpose. For purposes of this |
|
|
section, an offense was committed before the effective date of this |
|
|
Act if any element of the offense occurred before that date. |
|
|
SECTION 15. This Act takes effect September 1, 2013. |