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(c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1296, Sec.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