| 1 | 1 | | 86R9610 BEE-F |
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| 2 | 2 | | By: Klick H.B. No. 4005 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certification by a physical therapist of a person's |
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| 8 | 8 | | eligibility for license plates or parking placards issued to |
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| 9 | 9 | | persons with disabilities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 504.201(d), Transportation Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (d) Except as provided by Subsection (d-1), the initial |
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| 14 | 14 | | application for specialty license plates under this section must be |
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| 15 | 15 | | accompanied by a written statement from a physician [who is] |
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| 16 | 16 | | licensed to practice medicine or physical therapist licensed to |
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| 17 | 17 | | practice physical therapy in this state or in a state adjacent to |
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| 18 | 18 | | this state or who is authorized by applicable law to practice |
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| 19 | 19 | | medicine or physical therapy, as applicable, in a hospital or other |
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| 20 | 20 | | health facility of the Department of Veterans Affairs. If the |
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| 21 | 21 | | applicant has a mobility problem caused by a disorder of the foot, |
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| 22 | 22 | | the written statement may be issued by a person licensed to practice |
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| 23 | 23 | | podiatry in this state or a state adjacent to this state. In this |
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| 24 | 24 | | subsection, "podiatry" has the meaning assigned by Section 681.001. |
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| 25 | 25 | | The statement must certify that the person making the application |
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| 26 | 26 | | or on whose behalf the application is made is legally blind or has a |
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| 27 | 27 | | mobility problem that substantially impairs the person's ability to |
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| 28 | 28 | | ambulate. The statement must also certify whether a mobility |
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| 29 | 29 | | problem is temporary or permanent. A written statement is not |
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| 30 | 30 | | required as acceptable medical proof if: |
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| 31 | 31 | | (1) the person with a disability: |
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| 32 | 32 | | (A) has had a limb, hand, or foot amputated; or |
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| 33 | 33 | | (B) must use a wheelchair; and |
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| 34 | 34 | | (2) the applicant executes a statement attesting to |
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| 35 | 35 | | the person's disability before the county assessor-collector. |
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| 36 | 36 | | SECTION 2. Section 681.003(c), Transportation Code, is |
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| 37 | 37 | | amended to read as follows: |
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| 38 | 38 | | (c) Subject to Subsections (e) and (f), the first |
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| 39 | 39 | | application must be accompanied by a notarized written statement or |
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| 40 | 40 | | written prescription of a physician licensed to practice medicine |
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| 41 | 41 | | or physical therapist licensed to practice physical therapy in this |
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| 42 | 42 | | state or a state adjacent to this state, or authorized by applicable |
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| 43 | 43 | | law to practice medicine or physical therapy, as applicable, in a |
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| 44 | 44 | | hospital or other health facility of the United States Department |
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| 45 | 45 | | of Veterans Affairs, certifying and providing evidence acceptable |
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| 46 | 46 | | to the department that the person making the application or on whose |
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| 47 | 47 | | behalf the application is made is legally blind or has a mobility |
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| 48 | 48 | | problem that substantially impairs the person's ability to |
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| 49 | 49 | | ambulate. The statement or prescription must include a |
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| 50 | 50 | | certification of whether the disability is temporary or permanent |
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| 51 | 51 | | and information acceptable to the department to determine the type |
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| 52 | 52 | | of disabled parking placard for which the applicant is |
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| 53 | 53 | | eligible. The department shall determine a person's eligibility |
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| 54 | 54 | | based on evidence provided by the applicant establishing legal |
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| 55 | 55 | | blindness or mobility impairment. |
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| 56 | 56 | | SECTION 3. Section 681.004(d), Transportation Code, is |
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| 57 | 57 | | amended to read as follows: |
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| 58 | 58 | | (d) A disabled parking placard issued to a person with a |
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| 59 | 59 | | temporary disability expires after the period set by the department |
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| 60 | 60 | | and may be renewed at the end of that period if the disability |
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| 61 | 61 | | remains as evidenced by a physician's or physical therapist's |
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| 62 | 62 | | statement or prescription submitted as required for a first |
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| 63 | 63 | | application under Section 681.003(c). |
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| 64 | 64 | | SECTION 4. This Act takes effect immediately if it receives |
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| 65 | 65 | | a vote of two-thirds of all the members elected to each house, as |
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| 66 | 66 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 67 | 67 | | Act does not receive the vote necessary for immediate effect, this |
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| 68 | 68 | | Act takes effect September 1, 2019. |
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