S.B. No. 1367
AN ACT
relating to parking placard or specialty license plate applications
by persons with a mobility problem caused by an impairment of
vision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 504.201, Transportation
Code, is amended by adding Subdivision (3) to read as follows:
(3) "Practice of optometry" and "practice of
therapeutic optometry" have the meanings assigned by Section
351.002, Occupations Code.
SECTION 2. Section 504.201, Transportation Code, is amended
by amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) Except as provided by Subsection (d-1), the [The]
initial application for specialty license plates under this section
must be accompanied by a written statement from a physician who is
licensed to practice medicine in this state or in a state adjacent
to this state or who is authorized by applicable law to practice
medicine in a hospital or other health facility of the Department of
Veterans Affairs. If the applicant has a mobility problem caused by
a disorder of the foot, the written statement may be issued by a
person licensed to practice podiatry in this state or a state
adjacent to this state. In this subsection, "podiatry" has the
meaning assigned by Section 681.001. The statement must certify
that the person making the application or on whose behalf the
application is made is legally blind or has a mobility problem that
substantially impairs the person's ability to ambulate. The
statement must also certify whether a mobility problem is temporary
or permanent. A written statement is not required as acceptable
medical proof if:
(1) the person with a disability:
(A) has had a limb, hand, or foot amputated; or
(B) must use a wheelchair; and
(2) the applicant and the county assessor-collector
processing the application execute an affidavit attesting to the
person's disability.
(d-1) If the initial application for specialty license
plates under this section is made by or on behalf of a person who is
legally blind, the written statement required by Subsection (d) may
be issued by a person licensed to engage in the practice of
optometry or the practice of therapeutic optometry in this state or
a state adjacent to this state.
SECTION 3. Section 681.003, Transportation Code, is amended
by amending Subsection (e) and adding Subsection (f) to read as
follows:
(e) If a first application for a disabled parking placard
under this section is made by or on behalf of a person with:
(1) a mobility problem caused by a disorder of the
foot, the notarized written statement or written prescription
required by Subsection (c) may be issued by a person licensed to
practice podiatry in this state or a state adjacent to this state;
or
(2) a disability caused by an impairment of vision as
provided by Section 681.001(2), the notarized written statement or
written prescription required by Subsection (c) may be issued by a
person licensed to engage in the practice of optometry or the
practice of therapeutic optometry in this state or a state adjacent
to this state.
(f) In this section, "practice of optometry" and "practice
of therapeutic optometry" have the meanings assigned by Section
351.002, Occupations Code.
SECTION 4. The changes in law made by this Act apply only to
an application for a disabled parking placard or disabled license
plates submitted on or after the effective date of this Act. An
application submitted before the effective date of this Act is
governed by the law in effect on the date the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1367 passed the Senate on
April 23, 2009, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1367 passed the House on
May 26, 2009, by the following vote: Yeas 141, Nays 2, two present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor