82R3099 AJZ-D
By: Burnam H.B. No. 2808
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of disabled parking placards to elderly
persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 681.001, Transportation Code, is amended
by adding Subdivision (3-a) to read as follows:
(3-a) "Elderly person" means a person 75 years of age
or older.
SECTION 2. 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 disability or an elderly person; or
(B) white on a red shield for a placard issued to
a person with a 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 3. Section 681.003, Transportation Code, is amended
by amending Subsections (a), (b), and (c) and adding Subsection
(c-1) to read as follows:
(a) An owner of a motor vehicle regularly operated by or for
the transportation of a person with a disability or an elderly
person may apply for a disabled parking placard.
(b) An application for a disabled parking placard must be:
(1) on a form furnished by the department;
(2) submitted to the county assessor-collector of the
county in which the person with the disability resides; and
(3) accompanied by a fee of $5 if the application is
for a temporary placard or a placard issued under Section 681.0033.
(c) Except as provided by Subsection (c-1) and subject
[Subject] to Subsections (e) and (f), the first application must be
accompanied by a notarized written statement or written
prescription of a physician licensed to practice medicine in this
state or a state adjacent to this state, or authorized by applicable
law to practice medicine in a hospital or other health facility of
the United States Department of Veterans Affairs, certifying and
providing evidence acceptable to the department 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 or prescription
must include a certification of whether the disability is temporary
or permanent and information acceptable to the department to
determine the type of disabled parking placard for which the
applicant is eligible. The department shall determine a person's
eligibility based on evidence provided by the applicant
establishing legal blindness or mobility impairment.
(c-1) Subsection (c) does not apply to the first application
for a disabled parking placard under Section 681.0033.
SECTION 4. Chapter 681, Transportation Code, is amended by
adding Section 681.0033 to read as follows:
Sec. 681.0033. ISSUANCE OF DISABLED PARKING PLACARDS TO
ELDERLY PERSONS. (a) The department shall provide for the issuance
of disabled parking placards described by Section 681.002 to
elderly persons.
(b) The application for a disabled parking placard must be
made in the manner provided by Section 681.003(b). The department
shall adopt rules regarding the application forms for the placard
and the documentation required to demonstrate the applicant's age.
SECTION 5. Sections 681.004(b) and (c), Transportation
Code, are amended to read as follows:
(b) A person with a temporary disability or an elderly
person may receive two disabled parking placards.
(c) A disabled parking placard issued to a person with a
permanent disability or an elderly person is valid for a period of
four years and shall be replaced or renewed on request of the person
to whom the initial card was issued without presentation of
evidence of eligibility.
SECTION 6. Sections 681.006(a) and (b), Transportation
Code, are amended to read as follows:
(a) Subject to Section 681.009(e), a vehicle may be parked
for an unlimited period in a parking space or area that is
designated specifically for persons with physical disabilities if:
(1) the vehicle is being operated by or for the
transportation of a person with a disability or an elderly person;
and
(2) there are:
(A) displayed on the vehicle special license
plates issued under Section 504.201; or
(B) placed on the rearview mirror of the
vehicle's front windshield a disabled parking placard.
(b) The owner of a vehicle is exempt from the payment of a
fee or penalty imposed by a governmental unit for parking at a meter
if:
(1) the vehicle is being operated by or for the
transportation of a person with a disability or an elderly person;
and
(2) there are:
(A) displayed on the vehicle special license
plates issued under Section 504.201; or
(B) placed on the rearview mirror of the
vehicle's front windshield a disabled parking placard.
SECTION 7. Sections 681.009(a), (c), and (e),
Transportation Code, are amended to read as follows:
(a) A political subdivision or a person who owns or controls
property used for parking may designate one or more parking spaces
or a parking area for the exclusive use of vehicles transporting
persons with disabilities or elderly persons.
(c) A political subdivision may require a private property
owner or a person who controls property used for parking:
(1) to designate one or more parking spaces or a
parking area for the exclusive use of vehicles transporting persons
with disabilities or elderly persons; or
(2) to conform to the standards and specifications
referred to in Subsection (b) when designating a parking space or
area for persons with disabilities.
(e) Parking spaces or areas designated for the exclusive use
of vehicles transporting persons with disabilities or elderly
persons may be used by vehicles displaying a white on blue shield
disabled parking placard, license plates issued under Section
504.201 or 504.202, or a white on red shield disabled parking
placard.
SECTION 8. Sections 681.011(a), (b), (f), and (l),
Transportation Code, are amended to read as follows:
(a) A person commits an offense if:
(1) the person stands a vehicle on which are displayed
license plates issued under Section 504.201 or 504.202 or a
disabled parking placard in a parking space or area designated
specifically for persons with disabilities or elderly persons by:
(A) a political subdivision; or
(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 Subsection (f);
and
(2) the standing of the vehicle in that parking space
or area is not authorized by Section 681.006, 681.007, or 681.008.
(b) A person commits an offense if the person 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 or elderly persons by:
(1) a political subdivision; or
(2) 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 Subsection (f).
(f) A political subdivision may provide that this section
applies to a parking space or area for persons with disabilities or
elderly persons on private property that is designated in
compliance with the identification requirements referred to in
Section 681.009(b).
(l) A person commits an offense if the person:
(1) stands a vehicle on which are displayed license
plates issued under Section 504.201 or a disabled parking placard
in a parking space or area for which this chapter creates an
exemption from payment of a fee or penalty imposed by a governmental
unit;
(2) does not have a disability or is not an elderly
person;
(3) is not transporting a person with disability or an
elderly person; and
(4) does not pay any applicable fee related to
standing in the space or area imposed by a governmental unit or
exceeds a limitation on the length of time for standing in the space
or area.
SECTION 9. The changes in law made by this Act to Section
681.011, Transportation Code, apply only to an offense committed on
or after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 10. This Act takes effect September 1, 2011.