| 1 | 1 | | 81R10348 SLB-F |
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| 2 | 2 | | By: Fletcher H.B. No. 3507 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to specialized license plates and parking placards for |
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| 8 | 8 | | vehicles of persons with disabilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 504.201, Transportation Code, is amended |
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| 11 | 11 | | by amending Subsection (d) and adding Subsection (i) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (d) Subject to Subsection (i), the [The] initial |
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| 14 | 14 | | application for specialty license plates under this section must be |
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| 15 | 15 | | accompanied by a written statement from a physician who is licensed |
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| 16 | 16 | | to practice medicine in this state or in a state adjacent to this |
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| 17 | 17 | | state or who is authorized by applicable law to practice medicine in |
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| 18 | 18 | | a hospital or other health facility of the Department of Veterans |
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| 19 | 19 | | Affairs. If the applicant has a mobility problem caused by a |
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| 20 | 20 | | disorder of the foot, the written statement may be issued by a |
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| 21 | 21 | | person licensed to practice podiatry in this state or a state |
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| 22 | 22 | | adjacent to this state. In this subsection, "podiatry" has the |
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| 23 | 23 | | meaning assigned by Section 681.001. The statement must certify |
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| 24 | 24 | | that the person making the application or on whose behalf the |
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| 25 | 25 | | application is made is legally blind or has a mobility problem that |
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| 26 | 26 | | substantially impairs the person's ability to ambulate. The |
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| 27 | 27 | | statement must also certify whether a mobility problem is temporary |
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| 28 | 28 | | or permanent. A written statement is not required as acceptable |
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| 29 | 29 | | medical proof if: |
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| 30 | 30 | | (1) the person with a disability: |
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| 31 | 31 | | (A) has had a limb, hand, or foot amputated; or |
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| 32 | 32 | | (B) must use a wheelchair; and |
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| 33 | 33 | | (2) the applicant and the county assessor-collector |
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| 34 | 34 | | processing the application execute an affidavit attesting to the |
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| 35 | 35 | | person's disability. |
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| 36 | 36 | | (i) If the initial application for specialty license plates |
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| 37 | 37 | | under this section is made by or on behalf of a person with a |
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| 38 | 38 | | mobility problem that substantially impairs the person's ability to |
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| 39 | 39 | | ambulate, the written statement required by Subsection (d) may be |
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| 40 | 40 | | issued by a person licensed to practice chiropractic in this state |
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| 41 | 41 | | or a state adjacent to this state. In this subsection, |
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| 42 | 42 | | "chiropractic" has the meaning assigned by Section 201.002, |
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| 43 | 43 | | Occupations Code. |
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| 44 | 44 | | SECTION 2. Section 681.003, Transportation Code, is amended |
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| 45 | 45 | | by amending Subsection (c) and adding Subsection (f) to read as |
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| 46 | 46 | | follows: |
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| 47 | 47 | | (c) Subject to Subsections [Subsection] (e) and (f), the |
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| 48 | 48 | | first application must be accompanied by a notarized written |
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| 49 | 49 | | statement or written prescription of a physician licensed to |
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| 50 | 50 | | practice medicine in this state or a state adjacent to this state, |
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| 51 | 51 | | or authorized by applicable law to practice medicine in a hospital |
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| 52 | 52 | | or other health facility of the Veterans Administration, certifying |
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| 53 | 53 | | and providing evidence acceptable to the department that the person |
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| 54 | 54 | | making the application or on whose behalf the application is made is |
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| 55 | 55 | | legally blind or has a mobility problem that substantially impairs |
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| 56 | 56 | | the person's ability to ambulate. The statement or prescription |
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| 57 | 57 | | must include a certification of whether the disability is temporary |
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| 58 | 58 | | or permanent and information acceptable to the department to |
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| 59 | 59 | | determine the type of disabled parking placard for which the |
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| 60 | 60 | | applicant is eligible. The department shall determine a person's |
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| 61 | 61 | | eligibility based on evidence provided by the applicant |
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| 62 | 62 | | establishing legal blindness or mobility impairment. |
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| 63 | 63 | | (f) If a first application for a disabled parking placard |
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| 64 | 64 | | under this section is made by or on behalf of a person with a |
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| 65 | 65 | | mobility problem that substantially impairs the person's ability to |
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| 66 | 66 | | ambulate, the notarized written statement or written prescription |
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| 67 | 67 | | required by Subsection (c) may be issued by a person licensed to |
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| 68 | 68 | | practice chiropractic in this state or a state adjacent to this |
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| 69 | 69 | | state. In this subsection, "chiropractic" has the meaning assigned |
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| 70 | 70 | | by Section 201.002, Occupations Code. |
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| 71 | 71 | | SECTION 3. This Act takes effect September 1, 2009. |
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