82R10425 AJZ-D
By: King of Parker H.B. No. 3064
A BILL TO BE ENTITLED
AN ACT
relating to preventing the fraudulent issuance and use of disabled
parking placards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 469.052, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) The commission by rule shall require the owner of a
building or facility described by Section 469.003(a) to designate a
person to:
(1) inspect the disabled parking placard issued under
Section 681.004, Transportation Code, of each person who stands a
vehicle, as described by Section 681.001, Transportation Code, in a
parking space or area designated specifically for persons with
disabilities at the building or facility to ensure that the placard
contains the first four digits of the driver's license number or
personal identification certificate number and the initials of:
(A) the person operating the vehicle; or
(B) a person being transported by the vehicle;
and
(2) if the building or facility is required to have van
accessible parking spaces under 28 C.F.R. Part 36, limit the use of
van accessible parking spaces to persons who must use a wheelchair,
unless no other parking spaces or areas designated specifically for
persons with disabilities are available.
SECTION 2. Section 105.002(a), Occupations Code, is amended
to read as follows:
(a) A health care provider commits unprofessional conduct
if the health care provider, in connection with the provider's
professional activities:
(1) knowingly presents or causes to be presented a
false or fraudulent claim for the payment of a loss under an
insurance policy;
(2) knowingly prepares, makes, or subscribes to any
writing, with intent to present or use the writing, or to allow it
to be presented or used, in support of a false or fraudulent claim
under an insurance policy; [or]
(3) knowingly directs or requires a patient to obtain
health care goods or services from a niche hospital in which the
health care provider or an immediate family member of the provider
has a financial interest, unless the provider:
(A) discloses to the patient, in writing, that
the provider or the provider's family member has a financial
interest in the niche hospital; and
(B) informs the patient that the patient has the
option of using an alternative health care facility; or
(4) knowingly makes a false or misleading statement in
a notarized written statement to certify a person's eligibility to
obtain a disabled parking placard for a person who is ineligible for
the placard under Section 681.003, Transportation Code.
SECTION 3. Section 681.011(h), Transportation Code, as
amended by Chapters 1160 (H.B. 3095) and 1336 (S.B. 52), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(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 $750 [$500] or more than
$1,000 [$800]; and
(2) 10 hours of community service.
SECTION 4. Section 681.011(i), Transportation Code, as
amended by Chapters 1160 (H.B. 3095) and 1336 (S.B. 52), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(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 $1,000 [$550] or more than
$1,250 [$800]; and
(2) not less than 20 or more than 30 hours of community
service.
SECTION 5. Section 681.011(j), Transportation Code, as
amended by Chapters 1160 (H.B. 3095) and 1336 (S.B. 52), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(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 $1,250 [$800] or more than
$1,500 [$1,100]; and
(2) 50 hours of community service.
SECTION 6. Section 681.011(k), Transportation Code, is
amended to read as follows:
(k) If it is shown on the trial of an offense under this
section that the person has been previously convicted four times of
an offense under this section, the offense is punishable by a fine
of $1,500 [$1,250] and 50 hours of community service.
SECTION 7. The change in law made by this Act to Section
105.002, Occupations Code, applies to a violation that occurs on or
after the effective date of this Act. A violation that occurs
before the effective date of this Act is governed by the law in
effect on the date of the violation, and the former law is continued
in effect for that purpose.
SECTION 8. The change in law made by this Act to Section
681.011, Transportation Code, applies 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 9. This Act takes effect September 1, 2011.