State Codes and Statutes
Statutes > Texas > Transportation-code > Title-7-vehicles-and-traffic > Chapter-682-administrative-adjudication-of-vehicle-parking-and-stopping-offenses
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE H. PARKING, TOWING, AND STORAGE OF VEHICLES
CHAPTER 682. ADMINISTRATIVE ADJUDICATION OF VEHICLE PARKING AND
STOPPING OFFENSES
Text of section as amended by Acts 1999, 76th Leg., ch. 156, Sec.
2
Sec. 682.001. APPLICABILITY. This chapter applies only to:
(1) a municipality that:
(A) has a population greater than 30,000 and operates under a
council-manager form of government; or
(B) has a population of 500,000 or more; and
(2) an airport operated by a joint board to which Section
22.074(d) applies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 2, eff. May 21,
1999.
Text of section as amended by Acts 1999, 76th Leg., ch. 310, Sec.
1
Sec. 682.001. APPLICABILITY. This chapter applies only to a
municipality that has a population greater than 30,000.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 310, Sec. 1, eff. May 29,
1999.
Sec. 682.002. CIVIL OFFENSE. (a) A municipality may declare
the violation of a municipal ordinance relating to parking or
stopping a vehicle to be a civil offense.
(b) A joint board to which Section 22.074(d) applies may declare
the violation of a resolution, rule, or order of the joint board
relating to parking or stopping a vehicle to be a civil offense.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 2, eff. May 21,
1999.
Sec. 682.003. ADOPTION OF HEARING PROCEDURE. A municipality may
by ordinance or a joint board may by resolution, rule, or order
establish an administrative adjudication hearing procedure under
which a civil fine may be imposed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 2, eff. May 21,
1999.
Sec. 682.004. CONTENT OF ORDINANCE. An ordinance, resolution,
rule, or order adopted under this chapter must provide that a
person charged with violating a parking or stopping ordinance,
resolution, rule, or order is entitled to a hearing and provide
for:
(1) the period during which a hearing must be held;
(2) the appointment of a hearing officer with authority to
administer oaths and issue orders compelling the attendance of
witnesses and the production of documents; and
(3) the amount and disposition of civil fines, costs, and fees.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 2, eff. May 21,
1999.
Sec. 682.005. ENFORCEMENT OF ORDER CONCERNING WITNESSES AND
DOCUMENTS. A municipal court may enforce an order of the hearing
officer compelling the attendance of a witness or the production
of a document.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 682.006. CITATION OR SUMMONS. (a) A citation or summons
issued for a vehicle parking or stopping civil offense under this
chapter must:
(1) provide information as to the time and place of an
administrative adjudication hearing; and
(2) contain a notification that the person charged with the
civil offense has the right to an instanter hearing.
(b) The original or any copy of the summons or citation shall be
kept as a record in the ordinary course of business of the
municipality and is rebuttable proof of the facts it contains.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 682.007. APPEARANCE AT HEARING. (a) A person charged with
a civil offense who fails to appear at an administrative
adjudication hearing authorized under this chapter is considered
to admit liability for the offense charged.
(b) The person who issued the citation or summons is not
required to attend an instanter hearing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 682.008. PRESUMPTIONS. In an administrative adjudication
hearing under this chapter:
(1) it is presumed that the registered owner of the motor
vehicle is the person who parked or stopped the vehicle at the
time and place of the offense charged; and
(2) the Texas Department of Motor Vehicles' computer-generated
record of the registered vehicle owner is prima facie evidence of
the contents of the record.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 2Q.01, eff. September 1, 2009.
Sec. 682.009. ORDER. (a) The hearing officer at an
administrative adjudication hearing under this chapter shall
issue an order stating:
(1) whether the person charged with the violation is liable for
the violation; and
(2) the amount of any fine, cost, or fee assessed against the
person.
(b) The order issued under Subsection (a) may be filed with the
clerk or secretary of the municipality or a person designated by
the joint board. The clerk, secretary, or designated person shall
keep the order in a separate index and file. The order may be
recorded using microfilm, microfiche, or data processing
techniques.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 3, eff. May 21,
1999.
Sec. 682.010. ENFORCEMENT. (a) An order filed under Section
682.009, or a fine, cost, or fee imposed under this chapter
following a failure by the person charged to appear within the
time specified by a municipality's ordinance, resolution, rule,
or order, may be enforced by:
(1) impounding the vehicle if the offender has committed three
or more vehicle parking or stopping offenses in a calendar year;
(2) placing a device on the vehicle that prohibits movement of
the motor vehicle;
(3) imposing an additional fine if the original fine is not paid
within a specified time;
(4) denying issuance of or revoking a parking or operating
permit, as applicable; or
(5) filing an action to collect the fine, cost, or fee in a
court of competent jurisdiction.
(b) An action to collect a fine, cost, or fee under Subsection
(a)(5) must be brought:
(1) in the name of the municipality served by the hearing
officer; and
(2) in a county in which all or part of that municipality is
located.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 4, eff. May 21,
1999; Acts 2003, 78th Leg., ch. 346, Sec. 2, eff. June 18, 2003.
Sec. 682.011. APPEAL. (a) A person whom the hearing officer
determines to be in violation of a vehicle parking or stopping
ordinance may appeal the determination by filing a petition with
the clerk of a municipal court and paying the costs required by
law for municipal court not later than the 30th day after the
date on which the order is filed.
(b) The municipal court clerk shall schedule a hearing and
notify each party of the date, time, and place of the hearing.
(c) An appeal does not stay enforcement and collection of the
judgment unless the person, before appealing, posts bond with, as
applicable:
(1) the agency of the municipality designated by ordinance to
accept payment for a violation of a parking or stopping
ordinance; or
(2) the agency of the joint board designated by the resolution,
rule, or order to accept payment for a violation of a parking or
stopping resolution, rule, or order.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 5, eff. May 21,
1999.
State Codes and Statutes
Statutes > Texas > Transportation-code > Title-7-vehicles-and-traffic > Chapter-682-administrative-adjudication-of-vehicle-parking-and-stopping-offenses
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE H. PARKING, TOWING, AND STORAGE OF VEHICLES
CHAPTER 682. ADMINISTRATIVE ADJUDICATION OF VEHICLE PARKING AND
STOPPING OFFENSES
Text of section as amended by Acts 1999, 76th Leg., ch. 156, Sec.
2
Sec. 682.001. APPLICABILITY. This chapter applies only to:
(1) a municipality that:
(A) has a population greater than 30,000 and operates under a
council-manager form of government; or
(B) has a population of 500,000 or more; and
(2) an airport operated by a joint board to which Section
22.074(d) applies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 2, eff. May 21,
1999.
Text of section as amended by Acts 1999, 76th Leg., ch. 310, Sec.
1
Sec. 682.001. APPLICABILITY. This chapter applies only to a
municipality that has a population greater than 30,000.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 310, Sec. 1, eff. May 29,
1999.
Sec. 682.002. CIVIL OFFENSE. (a) A municipality may declare
the violation of a municipal ordinance relating to parking or
stopping a vehicle to be a civil offense.
(b) A joint board to which Section 22.074(d) applies may declare
the violation of a resolution, rule, or order of the joint board
relating to parking or stopping a vehicle to be a civil offense.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 2, eff. May 21,
1999.
Sec. 682.003. ADOPTION OF HEARING PROCEDURE. A municipality may
by ordinance or a joint board may by resolution, rule, or order
establish an administrative adjudication hearing procedure under
which a civil fine may be imposed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 2, eff. May 21,
1999.
Sec. 682.004. CONTENT OF ORDINANCE. An ordinance, resolution,
rule, or order adopted under this chapter must provide that a
person charged with violating a parking or stopping ordinance,
resolution, rule, or order is entitled to a hearing and provide
for:
(1) the period during which a hearing must be held;
(2) the appointment of a hearing officer with authority to
administer oaths and issue orders compelling the attendance of
witnesses and the production of documents; and
(3) the amount and disposition of civil fines, costs, and fees.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 2, eff. May 21,
1999.
Sec. 682.005. ENFORCEMENT OF ORDER CONCERNING WITNESSES AND
DOCUMENTS. A municipal court may enforce an order of the hearing
officer compelling the attendance of a witness or the production
of a document.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 682.006. CITATION OR SUMMONS. (a) A citation or summons
issued for a vehicle parking or stopping civil offense under this
chapter must:
(1) provide information as to the time and place of an
administrative adjudication hearing; and
(2) contain a notification that the person charged with the
civil offense has the right to an instanter hearing.
(b) The original or any copy of the summons or citation shall be
kept as a record in the ordinary course of business of the
municipality and is rebuttable proof of the facts it contains.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 682.007. APPEARANCE AT HEARING. (a) A person charged with
a civil offense who fails to appear at an administrative
adjudication hearing authorized under this chapter is considered
to admit liability for the offense charged.
(b) The person who issued the citation or summons is not
required to attend an instanter hearing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 682.008. PRESUMPTIONS. In an administrative adjudication
hearing under this chapter:
(1) it is presumed that the registered owner of the motor
vehicle is the person who parked or stopped the vehicle at the
time and place of the offense charged; and
(2) the Texas Department of Motor Vehicles' computer-generated
record of the registered vehicle owner is prima facie evidence of
the contents of the record.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 2Q.01, eff. September 1, 2009.
Sec. 682.009. ORDER. (a) The hearing officer at an
administrative adjudication hearing under this chapter shall
issue an order stating:
(1) whether the person charged with the violation is liable for
the violation; and
(2) the amount of any fine, cost, or fee assessed against the
person.
(b) The order issued under Subsection (a) may be filed with the
clerk or secretary of the municipality or a person designated by
the joint board. The clerk, secretary, or designated person shall
keep the order in a separate index and file. The order may be
recorded using microfilm, microfiche, or data processing
techniques.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 3, eff. May 21,
1999.
Sec. 682.010. ENFORCEMENT. (a) An order filed under Section
682.009, or a fine, cost, or fee imposed under this chapter
following a failure by the person charged to appear within the
time specified by a municipality's ordinance, resolution, rule,
or order, may be enforced by:
(1) impounding the vehicle if the offender has committed three
or more vehicle parking or stopping offenses in a calendar year;
(2) placing a device on the vehicle that prohibits movement of
the motor vehicle;
(3) imposing an additional fine if the original fine is not paid
within a specified time;
(4) denying issuance of or revoking a parking or operating
permit, as applicable; or
(5) filing an action to collect the fine, cost, or fee in a
court of competent jurisdiction.
(b) An action to collect a fine, cost, or fee under Subsection
(a)(5) must be brought:
(1) in the name of the municipality served by the hearing
officer; and
(2) in a county in which all or part of that municipality is
located.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 4, eff. May 21,
1999; Acts 2003, 78th Leg., ch. 346, Sec. 2, eff. June 18, 2003.
Sec. 682.011. APPEAL. (a) A person whom the hearing officer
determines to be in violation of a vehicle parking or stopping
ordinance may appeal the determination by filing a petition with
the clerk of a municipal court and paying the costs required by
law for municipal court not later than the 30th day after the
date on which the order is filed.
(b) The municipal court clerk shall schedule a hearing and
notify each party of the date, time, and place of the hearing.
(c) An appeal does not stay enforcement and collection of the
judgment unless the person, before appealing, posts bond with, as
applicable:
(1) the agency of the municipality designated by ordinance to
accept payment for a violation of a parking or stopping
ordinance; or
(2) the agency of the joint board designated by the resolution,
rule, or order to accept payment for a violation of a parking or
stopping resolution, rule, or order.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 5, eff. May 21,
1999.
State Codes and Statutes
Statutes >
Texas >
Transportation-code >
Title-7-vehicles-and-traffic >
Chapter-682-administrative-adjudication-of-vehicle-parking-and-stopping-offenses TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE H. PARKING, TOWING, AND STORAGE OF VEHICLES
CHAPTER 682. ADMINISTRATIVE ADJUDICATION OF VEHICLE PARKING AND
STOPPING OFFENSES
Text of section as amended by Acts 1999, 76th Leg., ch. 156, Sec.
2
Sec. 682.001. APPLICABILITY. This chapter applies only to:
(1) a municipality that:
(A) has a population greater than 30,000 and operates under a
council-manager form of government; or
(B) has a population of 500,000 or more; and
(2) an airport operated by a joint board to which Section
22.074(d) applies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 2, eff. May 21,
1999.
Text of section as amended by Acts 1999, 76th Leg., ch. 310, Sec.
1
Sec. 682.001. APPLICABILITY. This chapter applies only to a
municipality that has a population greater than 30,000.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 310, Sec. 1, eff. May 29,
1999.
Sec. 682.002. CIVIL OFFENSE. (a) A municipality may declare
the violation of a municipal ordinance relating to parking or
stopping a vehicle to be a civil offense.
(b) A joint board to which Section 22.074(d) applies may declare
the violation of a resolution, rule, or order of the joint board
relating to parking or stopping a vehicle to be a civil offense.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 2, eff. May 21,
1999.
Sec. 682.003. ADOPTION OF HEARING PROCEDURE. A municipality may
by ordinance or a joint board may by resolution, rule, or order
establish an administrative adjudication hearing procedure under
which a civil fine may be imposed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 2, eff. May 21,
1999.
Sec. 682.004. CONTENT OF ORDINANCE. An ordinance, resolution,
rule, or order adopted under this chapter must provide that a
person charged with violating a parking or stopping ordinance,
resolution, rule, or order is entitled to a hearing and provide
for:
(1) the period during which a hearing must be held;
(2) the appointment of a hearing officer with authority to
administer oaths and issue orders compelling the attendance of
witnesses and the production of documents; and
(3) the amount and disposition of civil fines, costs, and fees.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 2, eff. May 21,
1999.
Sec. 682.005. ENFORCEMENT OF ORDER CONCERNING WITNESSES AND
DOCUMENTS. A municipal court may enforce an order of the hearing
officer compelling the attendance of a witness or the production
of a document.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 682.006. CITATION OR SUMMONS. (a) A citation or summons
issued for a vehicle parking or stopping civil offense under this
chapter must:
(1) provide information as to the time and place of an
administrative adjudication hearing; and
(2) contain a notification that the person charged with the
civil offense has the right to an instanter hearing.
(b) The original or any copy of the summons or citation shall be
kept as a record in the ordinary course of business of the
municipality and is rebuttable proof of the facts it contains.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 682.007. APPEARANCE AT HEARING. (a) A person charged with
a civil offense who fails to appear at an administrative
adjudication hearing authorized under this chapter is considered
to admit liability for the offense charged.
(b) The person who issued the citation or summons is not
required to attend an instanter hearing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 682.008. PRESUMPTIONS. In an administrative adjudication
hearing under this chapter:
(1) it is presumed that the registered owner of the motor
vehicle is the person who parked or stopped the vehicle at the
time and place of the offense charged; and
(2) the Texas Department of Motor Vehicles' computer-generated
record of the registered vehicle owner is prima facie evidence of
the contents of the record.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 2Q.01, eff. September 1, 2009.
Sec. 682.009. ORDER. (a) The hearing officer at an
administrative adjudication hearing under this chapter shall
issue an order stating:
(1) whether the person charged with the violation is liable for
the violation; and
(2) the amount of any fine, cost, or fee assessed against the
person.
(b) The order issued under Subsection (a) may be filed with the
clerk or secretary of the municipality or a person designated by
the joint board. The clerk, secretary, or designated person shall
keep the order in a separate index and file. The order may be
recorded using microfilm, microfiche, or data processing
techniques.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 3, eff. May 21,
1999.
Sec. 682.010. ENFORCEMENT. (a) An order filed under Section
682.009, or a fine, cost, or fee imposed under this chapter
following a failure by the person charged to appear within the
time specified by a municipality's ordinance, resolution, rule,
or order, may be enforced by:
(1) impounding the vehicle if the offender has committed three
or more vehicle parking or stopping offenses in a calendar year;
(2) placing a device on the vehicle that prohibits movement of
the motor vehicle;
(3) imposing an additional fine if the original fine is not paid
within a specified time;
(4) denying issuance of or revoking a parking or operating
permit, as applicable; or
(5) filing an action to collect the fine, cost, or fee in a
court of competent jurisdiction.
(b) An action to collect a fine, cost, or fee under Subsection
(a)(5) must be brought:
(1) in the name of the municipality served by the hearing
officer; and
(2) in a county in which all or part of that municipality is
located.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 4, eff. May 21,
1999; Acts 2003, 78th Leg., ch. 346, Sec. 2, eff. June 18, 2003.
Sec. 682.011. APPEAL. (a) A person whom the hearing officer
determines to be in violation of a vehicle parking or stopping
ordinance may appeal the determination by filing a petition with
the clerk of a municipal court and paying the costs required by
law for municipal court not later than the 30th day after the
date on which the order is filed.
(b) The municipal court clerk shall schedule a hearing and
notify each party of the date, time, and place of the hearing.
(c) An appeal does not stay enforcement and collection of the
judgment unless the person, before appealing, posts bond with, as
applicable:
(1) the agency of the municipality designated by ordinance to
accept payment for a violation of a parking or stopping
ordinance; or
(2) the agency of the joint board designated by the resolution,
rule, or order to accept payment for a violation of a parking or
stopping resolution, rule, or order.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 156, Sec. 5, eff. May 21,
1999.
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