81R4357 ACP-D
By: Harless H.B. No. 3095
A BILL TO BE ENTITLED
AN ACT
relating to the use of a parking space or area designated
specifically for persons with disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 681.002(b), Transportation Code, is
amended to read as follows:
(b) A disabled parking placard must be two-sided and hooked
and include on each side:
(1) the international symbol of access, which must be
at least three inches in height, be centered on the placard, and be:
(A) white on a blue shield for a placard issued to
a person with a permanent [mobility] disability [described by
Section 681.001(5)(B) or (C)]; or
(B) white on a red shield for a placard issued to
a person with a [any other permanent or] temporary disability;
(2) an identification number;
(3) an expiration date at least three inches in
height; and
(4) the seal or other identification of the
department.
SECTION 2. Section 681.009, Transportation Code, is amended
by adding Subsection (d-1) and amending Subsection (e) to read as
follows:
(d-1) The design provided by the department under
Subsection (d) must include a sign with a blue background.
(e) Parking [A private property owner or private person who
controls property used for parking and who designates one or more
uncovered parking] spaces or areas designated for the exclusive use
of vehicles transporting persons with disabilities may be used by
[shall assign at least half of those spaces for the exclusive use
of] vehicles displaying a white on blue shield disabled parking
placard, [or] license plates issued under Section 504.201 or
504.202, or [except that if an odd number of spaces is designated,
only the number of spaces that is the largest whole number less than
half of the number of designated spaces must be assigned for the
exclusive use of vehicles displaying a white on blue shield placard
or license plates issued under Section 504.202. Van-accessible
parking spaces shall be counted as assigned spaces under this
subsection. These assigned spaces must be the spaces located
closest to an accessible route to an entrance accessible to a person
with a disability. The remaining designated parking spaces may be
used by vehicles displaying a white on blue shield disabled parking
placard,] a white on red shield disabled parking placard[, license
plates issued under Section 504.201, or license plates issued under
Section 504.202. This subsection applies only to a property used
for parking that serves a building or other facility:
[(1) that state law requires to be accessible to
person with disabilities; and
[(2) for which construction or an alteration of the
building or other facility is completed on or after September 1,
1999].
SECTION 3. Sections 681.011(b), (g), (h), (i), and (j),
Transportation Code, are amended to read as follows:
(b) A person commits an offense if the person[:
[(1)] stands a vehicle on which license plates issued
under Section 504.201 or 504.202 are not displayed and a disabled
parking placard is not displayed in a parking space or area
designated specifically for individuals with disabilities by:
(1) [(A)] a political subdivision; or
(2) [(B)] a person who owns or controls private
property used for parking as to which a political subdivision has
provided for the application of this section under [this]
Subsection (f)[; or
[(2) stands a vehicle displaying a white on red shield
disabled parking placard or license plates issued under Section
504.201 in a space designated under Section 681.009(e) for the
exclusive use of vehicles displaying a white on blue shield
disabled parking placard or license plates issued under Section
504.202].
(g) Except as provided by Subsections (h)-(k), an offense
under this section is a misdemeanor punishable by a fine of not less
than $500 [$250] or more than $750 [$500].
(h) If it is shown on the trial of an offense under this
section that the person has been previously convicted one time of an
offense under this section, the offense is punishable by:
(1) a fine of not less than $550 [$300] or more than
$800; and
(2) 10 hours of community service [$600].
(i) If it is shown on the trial of an offense under this
section that the person has been previously convicted two times of
an offense under this section, the offense is punishable by:
(1) a fine of not less than $550 [$300] or more than
$800 [$600]; and
(2) not less than 20 [10] or more than 30 [20] hours of
community service.
(j) If it is shown on the trial of an offense under this
section that the person has been previously convicted three times
of an offense under this section, the offense is punishable by:
(1) a fine of not less than $800 [$500] or more than
$1,100 [$1,000]; and
(2) [not less than 20 or more than] 50 hours of
community service.
SECTION 4. Section 681.012, Transportation Code, is amended
by adding Subsections (a-1) and (a-2) and amending Subsection (b)
to read as follows:
(a-1) A person designated by a political subdivision to
enforce parking regulations may seize a disabled parking placard
from a person who operates a vehicle on which a disabled parking
placard is displayed if the person designated by the political
subdivision determines that the disabled parking placard does not
contain the first four digits of the driver's license number and the
initials of:
(1) the person operating the vehicle; or
(2) a person being transported by the vehicle.
(a-2) A person designated by a political subdivision to
enforce parking regulations shall submit each seized parking
placard to the department not later than the fifth day after the
seizure.
(b) On submission to the department under Subsection (a) or
(a-2), a placard is revoked. On request of the person from whom the
placard was seized, the department shall conduct a hearing and
determine whether the revocation should continue or the placard
should be returned to the person and the revocation rescinded.
SECTION 5. A disabled parking placard issued before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 6. (a) The change in law made by this Act applies
only to an offense committed on or after September 1, 2009.
(b) An offense committed before September 1, 2009, is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For the
purposes of this subsection, an offense was committed before
September 1, 2009, if any element of the offense was committed
before that date.
SECTION 7. This Act takes effect September 1, 2009.