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AN ACT
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relating to the penalties for the illegal use of a parking space or |
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area designated specifically for persons with disabilities and to |
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the unauthorized use of a disabled parking placard. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (h), (i), (j), and (k), Section |
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681.011, Transportation Code, are amended to read as follows: |
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(h) If it is shown on the trial of an offense under this |
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section that the person has been previously convicted one time of an |
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offense under this section, the offense is punishable by: |
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(1) a fine of not less than $500 [$300] or more than |
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$800; and |
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(2) 10 hours of community service [$600]. |
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(i) If it is shown on the trial of an offense under this |
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section that the person has been previously convicted two times of |
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an offense under this section, the offense is punishable by: |
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(1) a fine of not less than $550 [$300] or more than |
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$800 [$600]; and |
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(2) [not less than 10 or more than] 20 hours of |
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community service. |
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(j) If it is shown on the trial of an offense under this |
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section that the person has been previously convicted three times |
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of an offense under this section, the offense is punishable by: |
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(1) a fine of not less than $800 [$500] or more than |
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$1,100 [$1,000]; and |
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(2) 30 [not less than 20 or more than 50] hours of |
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community service. |
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(k) If it is shown on the trial of an offense under this |
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section that the person has been previously convicted four times of |
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an offense under this section, the offense is punishable by a fine |
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of $1,250 [$1,000] and 50 hours of community service. |
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SECTION 2. Section 681.012, Transportation Code, is amended |
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by adding Subsections (a-1) and (a-2) and amending Subsection (b) |
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to read as follows: |
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(a-1) A peace officer may seize a disabled parking placard |
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from a person who operates a vehicle on which a disabled parking |
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placard is displayed if the peace officer determines by inspecting |
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the person's driver's license or personal identification |
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certificate that the disabled parking placard does not contain the |
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first four digits of the driver's license number or personal |
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identification certificate number and the initials of: |
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(1) the person operating the vehicle; or |
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(2) a person being transported by the vehicle. |
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(a-2) A peace officer shall submit each seized parking |
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placard to the department not later than the fifth day after the |
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seizure. |
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(b) On submission to the department under Subsection (a) or |
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(a-2), a placard is revoked. On request of the person from whom the |
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placard was seized, the department shall conduct a hearing and |
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determine whether the revocation should continue or the placard |
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should be returned to the person and the revocation rescinded. |
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SECTION 3. (a) The change in law made by this Act applies |
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only to an offense committed on or after September 1, 2009. |
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(b) An offense committed before September 1, 2009, is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this subsection, an offense was committed before September 1, 2009, |
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if any element of the offense was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 52 passed the Senate on |
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March 18, 2009, by the following vote: Yeas 30, Nays 1; |
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May 29, 2009, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 30, 2009, House |
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granted request of the Senate; May 31, 2009, Senate adopted |
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Conference Committee Report by the following vote: Yeas 30, |
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Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 52 passed the House, with |
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amendments, on May 27, 2009, by the following vote: Yeas 147, |
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Nays 1, one present not voting; May 30, 2009, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 31, 2009, House adopted Conference Committee Report by the |
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following vote: Yeas 92, Nays 50, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |