| |
| |
| |
|
|
AN ACT
|
|
|
relating to the dismissal of a charge of unlawfully parking a |
|
|
vehicle in a space designated specifically for persons with |
|
|
disabilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 681, Transportation Code, is amended by |
|
|
adding Section 681.013 to read as follows: |
|
|
Sec. 681.013. DISMISSAL OF CHARGE; ADMINISTRATIVE FEE. (a) |
|
|
In this section, "working day" means any day other than a Saturday, |
|
|
a Sunday, or a holiday on which county offices are closed. |
|
|
(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 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. |
|
|
SECTION 2. The change in law made 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 when 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 was |
|
|
committed before that date. |
|
|
SECTION 3. This Act takes effect September 1, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 400 was passed by the House on March |
|
|
26, 2009, by the following vote: Yeas 146, Nays 0, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 400 was passed by the Senate on May |
|
|
27, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |