HBA-DMH H.B. 2173 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2173
By: Krusee
Transportation
7/3/2001
Enrolled



BACKGROUND AND PURPOSE 

Both cities and counties have the power to regulate the stopping, standing,
and parking of vehicles, but the powers are not identical.  Prior to the
77th Legislature, counties were not permitted to make a presumption that
the registered owner of the motor vehicle was the person who stopped,
stood, or parked the vehicle at the time and place the offense occurred.
Instead they had to prove in court that the person who received the ticket
was actually the person who committed the violation.  House Bill 2173
authorizes counties to make the same presumption as cities regarding
parking violations. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2173 amends the Transportation Code to authorize a county
commissioners court or a governing body of a local authority to provide
that in a prosecution for an offense involving the stopping, standing, or
parking of an unattended motor vehicle it is  presumed that the registered
owner of the vehicle is the person who committed the offense. 

EFFECTIVE DATE

September 1, 2001.