Texas 2019 86th Regular

Texas House Bill HB4005 Introduced / Bill

Filed 03/07/2019

                    86R9610 BEE-F
 By: Klick H.B. No. 4005


 A BILL TO BE ENTITLED
 AN ACT
 relating to certification by a physical therapist of a person's
 eligibility for license plates or parking placards issued to
 persons with disabilities.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 504.201(d), Transportation Code, is
 amended to read as follows:
 (d)  Except as provided by Subsection (d-1), 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 or physical therapist licensed to
 practice physical therapy in this state or in a state adjacent to
 this state or who is authorized by applicable law to practice
 medicine or physical therapy, as applicable, 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 executes a statement attesting to
 the person's disability before the county assessor-collector.
 SECTION 2.  Section 681.003(c), Transportation Code, is
 amended to read as follows:
 (c)  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
 or physical therapist licensed to practice physical therapy in this
 state or a state adjacent to this state, or authorized by applicable
 law to practice medicine or physical therapy, as applicable, 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.
 SECTION 3.  Section 681.004(d), Transportation Code, is
 amended to read as follows:
 (d)  A disabled parking placard issued to a person with a
 temporary disability expires after the period set by the department
 and may be renewed at the end of that period if the disability
 remains as evidenced by a physician's or physical therapist's
 statement or prescription submitted as required for a first
 application under Section 681.003(c).
 SECTION 4.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2019.