87S10346 CXP-D     By: Dominguez H.B. No. 148       A BILL TO BE ENTITLED   AN ACT   relating to the enforcement of parking privileges for people with   disabilities; increasing criminal fines; authorizing a fee.          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 bond given for the charge.          SECTION 2.  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 3.  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 4.  Sections 681.011(g) and (k), Transportation   Code, are amended to read as follows:          (g)  Except as provided by Subsections (h)-(k), an offense   under this section is a misdemeanor punishable by a fine of not less   than $500 or more than $1,000 [$750].          (k)  If it is shown on the trial of an offense under this   section that the person has been previously convicted four times of   an offense under this section, the offense is punishable by a fine   of $1,650 [$1,250] and 50 hours of community service.          SECTION 5.  Sections 681.011(h), (i), and (j),   Transportation Code, as amended by Chapters 1160 (H.B. 3095) and   1336 (S.B. 52), Acts of the 81st Legislature, Regular Session,   2009, are reenacted and amended to read as follows:          (h)  If it is shown on the trial of an offense under this   section that the person has been previously convicted one time of an   offense under this section, the offense is punishable by:                (1)  a fine of not less than $500 or more than $1,050   [$800]; and                (2)  10 hours of community service.          (i)  If it is shown on the trial of an offense under this   section that the person has been previously convicted two times of   an offense under this section, the offense is punishable by:                (1)  a fine of not less than $550 or more than $1,050   [$800]; and                (2)  20 hours of community service.          (j)  If it is shown on the trial of an offense under this   section that the person has been previously convicted three times   of an offense under this section, the offense is punishable by:                (1)  a fine of not less than $800 or more than $1,450   [$1,100]; and                (2)  30 hours of community service.          SECTION 6.  The changes in law made by this Act apply 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 7.  This Act takes effect on the 91st day after the   last day of the legislative session.