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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a municipality to impose a civil |
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penalty on owners of certain motor vehicles parked on a highway |
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under the jurisdiction of the municipality that do not display a |
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valid registration insignia or inspection certificate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 502.003, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) This section does not affect the authority of a |
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municipality to: |
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(1) license and regulate the use of motor vehicles for |
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compensation within the municipal limits; [and] |
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(2) impose a permit fee or street rental charge for the |
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operation of each motor vehicle used to transport passengers for |
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compensation, other than a motor vehicle operating under a |
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registration certificate from the department or a permit from the |
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federal Surface Transportation Board; and |
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(3) except as provided by Subsection (b-1), impose, in |
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addition to a criminal penalty, a civil penalty on the owner of a |
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motor vehicle that: |
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(A) displays a license plate issued by the |
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department; |
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(B) is parked on a highway under the jurisdiction |
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of the municipality; and |
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(C) does not display a valid registration |
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insignia issued by the department. |
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(b-1) A civil penalty under Subsection (b)(3) may be |
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enforced only by a person designated by the municipality |
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specifically to enforce parking violations. |
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SECTION 2. Section 548.602, Transportation Code, is amended |
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by adding Subsections (b-1) and (b-2) and amending Subsection (c) |
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to read as follows: |
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(b-1) The governing body of a municipality may enact an |
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ordinance that allows the municipality to impose, in addition to a |
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criminal penalty, a civil penalty on the owner of a motor vehicle |
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that: |
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(1) displays a license plate issued by the Texas |
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Department of Motor Vehicles; |
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(2) is parked on a highway under the jurisdiction of |
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the municipality; and |
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(3) does not display a valid inspection certificate |
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issued under this chapter. |
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(b-2) A civil penalty under Subsection (b-1) may be enforced |
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only by a person designated by the municipality specifically to |
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enforce parking violations. |
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(c) It is a defense to prosecution under Subsection (a)(1) |
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or to the imposition of a civil penalty that an inspection |
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certificate for the vehicle is in effect at the time of the arrest. |
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SECTION 3. This Act takes effect September 1, 2013. |