SECTION 3.171. Enforcement

(a) Department officers are responsible for enforcing these parking regulations and traffic violations on state property. For purposes of enforcing the parking rules only, the department may assign either commissioned officers or noncommissioned security workers. The assignment of security workers shall only be made with the written approval of the commander of the Capitol Regional Command Office.

(1) To carry out this responsibility and authorization, the department may issue two types of citations for any parking or traffic violations occurring within the Capitol Complex.

(A) Administrative citations issued by the Highway Patrol Service are subject to administrative adjudication. Administrative citations will generally be issued for violation of parking regulations. When an administrative citation is issued for a violation of these sections, the administrative fine shall be $25.

(B) Court appearance citations constitute a notice to appear in either a municipal court or a justice court. Failure to discharge a court appearance citation may result in the issuance of a warrant of arrest.

(2) The department reserves the right to issue a court appearance citation for any violation.

(3) When a court appearance citation is issued for any violation, the penalty shall be assessed by the court in accordance with statutory law.

(b) Service of Parking Citation; Presumption of Service.

(1) A parking citation must be served personally upon the operator of a vehicle who is present at the time of service. If the operator is not present, or cannot otherwise be personally served, the parking citation must be personally served upon the registered owner of the vehicle by affixing the parking citation to the vehicle in a conspicuous place.

(2) An operator of a vehicle who is not the vehicle's owner, but who uses or operates the vehicle with the express or implied permission of the owner, shall be considered the owner's agent authorized to receive a parking citation required to be served upon the registered owner or operator of a vehicle in accordance with the provisions of this section.

(3) The original parking citation must be signed by the issuing officer. A citation that is machine- or electronically-produced need not be signed.

(4) The original and all copies of a parking citation are prima facie evidence that the parking citation was issued and that an attempt at service was made in accordance with the provisions of this section.

(c) The following procedures will apply for administrative citations.

(1) Any person who is issued an administrative citation, or for whose vehicle a citation is issued, shall pay the fine, in person or by mail, to the parking administration office, no later than the tenth calendar day after the citation is issued. If payment is not received or postmarked within the ten days, and no administrative review has been requested by the person, such failure shall be considered an admission of liability for the parking violation fine, and a $5.00 late charge will be assessed.

(2) If a person wishes to appeal a citation, he/she may do so in accordance with subsection (f) of this section.

(3) Unpaid fines and charges for parking offenses will be recorded in the name of the permit holder or in the name of the registered owner of the vehicle as shown in the records of the Texas Department of Transportation.

(4) Unpaid fines and charges for other violations will be recorded in the name of the person driving the vehicle.

(5) Persons with one or more unpaid fines or charges recorded in their name shall be subject to the following actions.

(A) If the unpaid charges are in the name of a person who has a parking privilege, forfeiture of that privilege will be initiated under §3.172 of this title (relating to Forfeiture of Parking Privilege).

(B) The person shall be given a written notice that any vehicle registered in the person's name is placed on an impoundment list and will be impounded or immobilized, under §3.173 of this title (relating to Impoundment of Vehicles) if found parked in the Capitol Complex.

(d) The following acts, when committed within the Capitol Complex or within other areas under the administration and control of the department as provided by §3.161 of this title (relating to General) shall constitute parking violations for which either an administrative or court appearance citation may be issued:

(1) parking overtime in a space which is limited in time by meters or signs, or parking overtime in a loading zone;

(2) moving a barricade or parking within any barricaded area;

(3) parking on any lawn, curb, sidewalk, or any area which creates an obstruction to vehicular or pedestrian traffic;

(4) parking in a "No Parking" area;

(5) parking within 15 feet of a fire plug or within a fire zone;

(6) failing to park within a lined parking space. Vehicles shall be parked within the boundaries of the designated lined spaces. The fact that other vehicles are parked improperly shall not constitute an excuse for parking with any part of the vehicle over the line;

(7) parking in a loading zone except while loading or unloading;

(8) parking over 18 inches from the curb or parking stop, measured from any part of the car body facing the curb or parking stop;

(9) parking with the rear of the vehicle facing the curb or parking stop;

(10) parking in a space or facility other than the one assigned, unless authorization has been obtained;

(11) parking in a designated parking area without displaying proper permit;

(12) parking upon any unmarked or unimproved area which has not been designated for parking;

(13) double-parking on the roadway side of a vehicle stopped or parked at the edge or curb of a street;

(14) parking in a handicapped space without displaying a proper permit;

(15) possession or use of a lost/stolen or forged permit;

(16) possession or use of a current permit that has been defaced or altered;

(17) oversized vehicle in a stall marked for small or compact vehicles;

(18) blocking or impeding a crosswalk, driveway, or alley;

(19) parking in a state parking facility by an employee who has lost his/her parking privileges due to forfeiture;

(20) parking on a public street within the Capitol Complex of a vehicle which is owned or operated by a state employee who has been issued a current parking permit which authorizes parking in a lot or garage within the Capitol Complex;

(21) parking in a parking space designated for visitors to the Capitol Complex, when the vehicle is owned or operated by a state employee whose principal place of employment is within the Capitol Complex;

(22) removing, or moving a vehicle to which is attached, an immobilization device which was placed on the vehicle under §3.173(f) of this title (relating to Immobilization of Vehicles). If damage results to the immobilization device, such a violation will be prosecuted under the applicable provisions of the Penal Code;

(23) displaying a handicapped permit issued to another person; or

(24) permit a person, other than the state employee that the permit is assigned, to use a parking permit for a purpose other than state employee parking. (A parking administration officer shall remove parking permits from these vehicles and seize any hang tag permits found in violation of this section).

(e) The following shall constitute other traffic violations for which the penalty shall be a fine set by a court in accordance with applicable law:

(1) speeding, i.e., operating a motor vehicle on state property in excess of 15 miles per hour;

(2) violation of a provision contained within subsection (d) of this section; or

(3) other violations of Texas Transportation Code, Chapters 541-600.

(f) Any person who has received an administrative citation may appeal the citation in accordance with this section.

(1) Administrative review.

(A) Any person who has received an administrative citation may request that the citation be reviewed by the department. If the request is not made within ten days, the citation is deemed final.

(B) The review will be made by a hearing officer appointed by the department. The person who received the citation may request that the review be done in person, and may bring evidence or witness(es) to present to the person conducting the review. The person may also request that the department officer who issued the citation be present to provide evidence. The hearing will not be conducted under formal rules of evidence.

(C) After reviewing the circumstances of the administrative citation, the hearing officer may order the payment of the administrative fine or the cancellation of such charges. If the citation is upheld and the appealing party fails to pay the charges or to request an appeal within ten calendar days of the decision, a $5.00 late charge will be assessed on the citation.

(D) The appealing party will be notified in writing of the decision regarding the review.

(2) Court appeal from administrative review decision.

(A) Any person who has requested a review of an administrative citation and who is not satisfied with the decision may file a written request for a court hearing. If a court hearing is requested, the appeal will be to the court, either municipal or justice, in which the department is currently filing court appearance citations.

(B) Any person who wishes a court hearing must file a written request within ten calendar days from the decision date shown on the review decision form. When the request is received, parking administration will file a complaint with the appropriate court and issue a court appearance citation. A copy of the citation will be mailed to the appealing party along with information on how and when to contact the court.

(3) Failure to discharge administrative citation. If a person fails to discharge an administrative citation, either by payment of the fine or by appropriate appeal, the unpaid charges will be entered under his name and he will become subject to forfeiture of his parking privilege under §3.172 of this title (relating to Forfeiture of Parking Privilege) and/or impoundment or immobilization of any vehicle registered in the person's name under §3.173 of this title (relating to Impoundment or Immobilization of Vehicles).

(g) Liability of the Vehicle Owner; Presumption of Liability.

(1) Except as provided in this subsection, the registered owner and the operator of a vehicle when not the same, shall both be liable for a parking violation charge, unless the owner proves that the vehicle was operated without his express or implied consent. Payment of the administrative fine and late charges, if any, shall operate as final disposition of the parking violation charge.

(2) A vehicle owner who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements shall not be liable for a fine, late fee, or costs imposed for a parking violation on a rented or leased vehicle if, within ten days after receiving written notice of a parking violation, the owner provides in affidavit form the true name, address and driver's license number and state of issuance of the person in possession of the vehicle at the time the parking citation was issued, or a true copy of the lease or rental agreement in effect at the time the parking citation was issued. A lessor of a vehicle who fails to comply with this provision shall be treated as any other vehicle owner and shall be liable with the vehicle operator for any fine or late charge associated with the violation.

(3) It is a defense to any charge of a parking violation that, at the time of the violation, the illegally parked vehicle was reported to a law enforcement agency as having been stolen prior to the time of the violation and had not yet been recovered.

(4) In any hearing or trial to adjudicate a parking citation, it is presumed that the registered owner of a vehicle for which the citation was issued is the person who stopped, stood or parked the vehicle at the time and place of the parking violation. Proof of ownership may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued.

Source Note: The provisions of this §3.171 adopted to be effective March 9, 2004, 29 TexReg 2374; amended to be effective February 25, 2010, 35 TexReg 1469