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.