85R3009 JXC-F

By: Zaffirini S.B. No. 2157

A BILL TO BE ENTITLED

AN ACT

relating to parking privileges for people with disabilities; authorizing a fee; amending dismissal procedures for a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 45, Code of Criminal Procedure, is amended by adding Article 45.0512 to read as follows:

Art. 45.0512. DISABLED PARKING COURSE DISMISSAL PROCEDURES. (a) This article applies only to an alleged offense that:

(1) is within the jurisdiction of a justice court or a municipal court; and

(2) is defined by Section 681.011, Transportation Code.

(b) The judge may require the defendant to successfully complete a disabled parking course approved by the political subdivision in which the alleged offense occurred if:

(1) the defendant has not completed a disabled parking course approved by the political subdivision within the 12 months preceding the date of the offense; and

(2) the defendant enters a plea under Article 45.021 in person or in writing of no contest or guilty on or before the answer date on the notice to appear and:

(A) presents in person or by counsel to the court a request to take a course; or

(B) sends to the court by certified mail, return receipt requested, postmarked on or before the answer date on the notice to appear, a written request to take a course.

(c) The court shall enter judgment on the defendant's plea of no contest or guilty at the time the plea is made, defer imposition of the judgment, and allow the defendant 90 days to successfully complete the approved disabled parking course and present to the court:

(1) a certificate, in a form approved by the political subdivision that approved the course, of completion of the disabled parking course; and

(2) confirmation from the political subdivision in which the alleged offense occurred that the defendant was not taking a disabled parking course approved by that subdivision under this article on the date the request to take the course was made and had not completed such a course within the 12 months preceding the date of the offense.

(d) A request to take a disabled parking course made at or before the time and at the place at which a defendant is required to appear in court is an appearance in compliance with the defendant's promise to appear.

(e) In addition to court costs and fees authorized or imposed by a law of this state and applicable to the offense, the court may require a defendant requesting a course under Subsection (b) to pay an administrative fee set by the court to cover the cost of administering this article at an amount of not more than $10.

(f) A defendant who requests but does not take a course is not entitled to a refund of the fee.

(g) Fees collected by a municipal court shall be deposited in the municipal treasury. Fees collected by another court shall be deposited in the county treasury of the county in which the court is located.

(h) If a defendant requesting a course under this article fails to comply with Subsection (c), the court shall:

(1) notify the defendant in writing, mailed to the address on file with the court or appearing in the notice to appear, of that failure; and

(2) require the defendant to appear at the time and place stated in the notice to show cause why the evidence was not timely submitted to the court.

(i) If the defendant fails to appear at the time and place stated in the notice under Subsection (h), or appears at the time and place stated in the notice but does not show good cause for the defendant's failure to comply with Subsection (c), the court shall enter an adjudication of guilt and impose sentence.

(j) On a defendant's showing of good cause for failure to furnish evidence to the court, the court may allow an extension of time during which the defendant may present a certificate of course completion as evidence that the defendant successfully completed the disabled parking course.

(k) When a defendant complies with Subsection (c), the court shall remove the judgment and dismiss the charge.

(l) The court may dismiss only one charge for each completion of a course.

(m) An order of deferral under Subsection (c) terminates any liability under a bail bond or appearance bond given for the charge.

SECTION 2. Subchapter B, Chapter 103, Government Code, is amended by adding Section 103.036 to read as follows:

Sec. 103.036. ADDITIONAL FEES IN CERTAIN CRIMINAL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant shall pay, if ordered by the court or otherwise required, in addition to any other fees or costs an administrative fee not to exceed $10 for requesting a disabled parking course to cover the cost of administering Article 45.0512(e), Code of Criminal Procedure.

SECTION 3. Section 681.002(c), Transportation Code, is amended to read as follows:

(c) The department shall furnish [the disabled parking placards] to each county assessor-collector:

(1) disabled parking placards; and

(2) a standard form, in paper or electronic form, that provides instructions to a recipient of a disabled parking placard on the rules for using the placard.

SECTION 4. Chapter 681, Transportation Code, is amended by adding Section 681.0041 to read as follows:

Sec. 681.0041. RETURN OF PARKING PLACARD. (a) A person who receives a disabled parking placard shall return the placard to the county assessor-collector that issued the placard, or the county assessor-collector of the county in which the person resides, if the placard is unexpired and the person ceases to have a disability that makes the person eligible for the placard. The person must return the placard not later than the 30th day after the date the person ceases to have a disability that makes the person eligible for the placard.

(b) A decedent's personal representative, as defined by Section 22.031, Estates Code, or next of kin, if any, shall return an unexpired disabled parking placard issued to the decedent to the county assessor-collector that issued the placard, or the county assessor-collector of the county in which the decedent resided, not later than the 30th day after the date the decedent died.

(c) A county assessor-collector that receives a disabled parking placard shall notify the department of the return.

SECTION 5. Section 681.005, Transportation Code, is amended to read as follows:

Sec. 681.005. DUTIES OF COUNTY ASSESSOR-COLLECTOR. (a) Each county assessor-collector shall send to the department each fee collected under Section 681.003, to be deposited in the Texas Department of Motor Vehicles fund to defray the cost of providing the disabled parking placard.

(b) Each county assessor-collector shall provide to each person or institution issued a disabled parking placard under this chapter by the assessor-collector the instruction form created by the department under Section 681.002.

SECTION 6. Section 681.010, Transportation Code, is amended by adding Subsection (c) to read as follows:

(c) A charge filed under this section may be filed manually or in an electronically secure format.

SECTION 7. Section 681.0101, Transportation Code, is amended by adding Subsections (a-1) and (b-1) and amending Subsection (b) to read as follows:

(a-1) A charge filed under this section may be filed manually or in an electronically secure format.

(b) A person appointed under this section must:

(1) be a United States citizen of good moral character who has not been convicted of a felony;

(2) take and subscribe to an oath of office that the political subdivision prescribes; and

(3) successfully complete a training program of at least four hours in length developed or approved by the political subdivision.

(b-1) A training program described by Subsection (b) must include:

(1) information on laws governing parking for people with disabilities;

(2) information on the powers, rights, and responsibilities of a person appointed under this section;

(3) instructions directing a person appointed under this section not to confront suspected violators of laws governing parking for people with disabilities; and

(4) procedures to report suspected violations of laws governing parking for people with disabilities.

SECTION 8. Chapter 681, Transportation Code, is amended by adding Section 681.014 to read as follows:

Sec. 681.014. DISPOSITION OF FINES. Notwithstanding Section 542.402, a political subdivision that collects fines for violations of Section 681.011 may use not more than 40 percent of the fine revenue to:

(1) provide a community education and awareness program about parking for people with disabilities; and

(2) establish an advisory body in the political subdivision, composed of members at least half of whom have a disability or represent a nonprofit organization that serves the needs of people with disabilities.

SECTION 9. Article 45.0512, Code of Criminal Procedure, as added by this Act, applies only to an offense committed on or after the effective date of this Act. 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 10. This Act takes effect January 1, 2018.