Texas 2009 - 81st Regular

Texas House Bill HB3095 Compare Versions

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1	1	H.B. No. 3095
2	2
3	3
4	4	AN ACT
5	5	relating to the use of a parking space or area designated
6	6	specifically for persons with disabilities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 681.002(b), Transportation Code, is
9	9	amended to read as follows:
10	10	(b) A disabled parking placard must be two-sided and hooked
11	11	and include on each side:
12	12	(1) the international symbol of access, which must be
13	13	at least three inches in height, be centered on the placard, and be:
14	14	(A) white on a blue shield for a placard issued to
15	15	a person with a permanent [mobility] disability [described by
16	16	Section 681.001(5)(B) or (C)]; or
17	17	(B) white on a red shield for a placard issued to
18	18	a person with a [any other permanent or] temporary disability;
19	19	(2) an identification number;
20	20	(3) an expiration date at least three inches in
21	21	height; and
22	22	(4) the seal or other identification of the
23	23	department.
24	24	SECTION 2. Section 681.003(b), Transportation Code, is
25	25	amended to read as follows:
26	26	(b) An application for a disabled parking placard must be:
27	27	(1) on a form furnished by the department;
28	28	(2) submitted to the county assessor-collector of the
29	29	county in which the person with the disability resides; and
30	30	(3) accompanied by a fee of $5 if the application is
31	31	for a temporary placard.
32	32	SECTION 3. Section 681.009(e), Transportation Code, is
33	33	amended to read as follows:
34	34	(e) Parking [A private property owner or private person who
35	35	controls property used for parking and who designates one or more
36	36	uncovered parking] spaces or areas designated for the exclusive use
37	37	of vehicles transporting persons with disabilities may be used by
38	38	[shall assign at least half of those spaces for the exclusive use
39	39	of] vehicles displaying a white on blue shield disabled parking
40	40	placard, [or] license plates issued under Section 504.201 or
41	41	504.202, or [except that if an odd number of spaces is designated,
42	42	only the number of spaces that is the largest whole number less than
43	43	half of the number of designated spaces must be assigned for the
44	44	exclusive use of vehicles displaying a white on blue shield placard
45	45	or license plates issued under Section 504.202. Van-accessible
46	46	parking spaces shall be counted as assigned spaces under this
47	47	subsection. These assigned spaces must be the spaces located
48	48	closest to an accessible route to an entrance accessible to a person
49	49	with a disability. The remaining designated parking spaces may be
50	50	used by vehicles displaying a white on blue shield disabled parking
51	51	placard,] a white on red shield disabled parking placard[, license
52	52	plates issued under Section 504.201, or license plates issued under
53	53	Section 504.202. This subsection applies only to a property used
54	54	for parking that serves a building or other facility:
55	55	[(1) that state law requires to be accessible to
56	56	person with disabilities; and
57	57	[(2) for which construction or an alteration of the
58	58	building or other facility is completed on or after September 1,
59	59	1999].
60	60	SECTION 4. Sections 681.011(b), (g), (h), (i), (j), and
61	61	(k), Transportation Code, are amended to read as follows:
62	62	(b) A person commits an offense if the person[:
63	63	[(1)] stands a vehicle on which license plates issued
64	64	under Section 504.201 or 504.202 are not displayed and a disabled
65	65	parking placard is not displayed in a parking space or area
66	66	designated specifically for individuals with disabilities by:
67	67	(1) [(A)] a political subdivision; or
68	68	(2) [(B)] a person who owns or controls private
69	69	property used for parking as to which a political subdivision has
70	70	provided for the application of this section under [this]
71	71	Subsection (f)[; or
72	72	[(2) stands a vehicle displaying a white on red shield
73	73	disabled parking placard or license plates issued under Section
74	74	504.201 in a space designated under Section 681.009(e) for the
75	75	exclusive use of vehicles displaying a white on blue shield
76	76	disabled parking placard or license plates issued under Section
77	77	504.202].
78	78	(g) Except as provided by Subsections (h)-(k), an offense
79	79	under this section is a misdemeanor punishable by a fine of not less
80	80	than $500 [$250] or more than $750 [$500].
81	81	(h) If it is shown on the trial of an offense under this
82	82	section that the person has been previously convicted one time of an
83	83	offense under this section, the offense is punishable by:
84	84	(1) a fine of not less than $550 [$300] or more than
85	85	$800; and
86	86	(2) 10 hours of community service [$600].
87	87	(i) If it is shown on the trial of an offense under this
88	88	section that the person has been previously convicted two times of
89	89	an offense under this section, the offense is punishable by:
90	90	(1) a fine of not less than $550 [$300] or more than
91	91	$800 [$600]; and
92	92	(2) not less than 20 [10] or more than 30 [20] hours of
93	93	community service.
94	94	(j) If it is shown on the trial of an offense under this
95	95	section that the person has been previously convicted three times
96	96	of an offense under this section, the offense is punishable by:
97	97	(1) a fine of not less than $800 [$500] or more than
98	98	$1,100 [$1,000]; and
99	99	(2) [not less than 20 or more than] 50 hours of
100	100	community service.
101	101	(k) If it is shown on the trial of an offense under this
102	102	section that the person has been previously convicted four times of
103	103	an offense under this section, the offense is punishable by a fine
104	104	of $1,250 [$1,000] and 50 hours of community service.
105	105	SECTION 5. A disabled parking placard issued before the
106	106	effective date of this Act is governed by the law as it existed
107	107	immediately before the effective date of this Act, and that law is
108	108	continued in effect for that purpose.
109	109	SECTION 6. (a) The change in law made by this Act applies
110	110	only to an offense committed on or after September 1, 2009.
111	111	(b) An offense committed before September 1, 2009, is
112	112	covered by the law in effect when the offense was committed, and the
113	113	former law is continued in effect for that purpose. For the
114	114	purposes of this subsection, an offense was committed before
115	115	September 1, 2009, if any element of the offense was committed
116	116	before that date.
117	117	SECTION 7. This Act takes effect September 1, 2009.
118	118	______________________________ ______________________________
119	119	President of the Senate Speaker of the House
120	120	I certify that H.B. No. 3095 was passed by the House on May 8,
121	121	2009, by the following vote: Yeas 134, Nays 0, 2 present, not
122	122	voting; and that the House concurred in Senate amendments to H.B.
123	123	No. 3095 on May 29, 2009, by the following vote: Yeas 141, Nays 0,
124	124	1 present, not voting.
125	125	______________________________
126	126	Chief Clerk of the House
127	127	I certify that H.B. No. 3095 was passed by the Senate, with
128	128	amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
129	129	0.
130	130	______________________________
131	131	Secretary of the Senate
132	132	APPROVED: __________________
133	133	Date
134	134	__________________
135	135	Governor