By: King of Parker, Torres H.B. No. 3064
A BILL TO BE ENTITLED
AN ACT
relating to preventing the fraudulent issuance and use of disabled
parking placards; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. The heading to Section 681.011, Transportation
Code, is amended to read as follows:
Sec. 681.011. CRIMINAL AND CIVIL PENALTIES [OFFENSES;
PRESUMPTION].
SECTION 3. Section 681.011, Transportation Code, is amended
by adding Subsection (f-1) to read as follows:
(f-1) A person who violates this section is liable for a
civil penalty, not to exceed $750, to the political subdivision
that:
(1) designated the parking space or area specifically
for persons with disabilities; or
(2) provided that this section applies to a parking
space or area on private property under Subsection (f).
SECTION 4. 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 5. 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 6. 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 7. 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 8. (a) The Governor's Committee on People with
Disabilities shall conduct a study to examine the improper use of
disabled parking spaces, with an emphasis on improper use at large
buildings and facilities, including stadiums and performing arts
centers.
(b) Not later than December 31, 2012, the Governor's
Committee on People with Disabilities shall submit a written report
containing the findings of the study conducted under this section
together with the committee's recommendations to the legislature
and the Texas Department of Licensing and Regulation.
SECTION 9. 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 10. 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 11. Except as otherwise provided by this Act, this
Act takes effect September 1, 2011.