By: Springer S.B. No. 904
(In the Senate - Filed February 14, 2023; March 3, 2023,
read first time and referred to Committee on Transportation;
March 15, 2023, reported favorably by the following vote: Yeas 8,
Nays 0; March 15, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to presumption for an offense to accessible parking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 681.011, Transportation Code, is 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(b-1) or a
disabled parking placard in a parking space or area designated
specifically for persons with disabilities by: deliver to the
attorney general all pertinent documents and information in the
secretary's possession.
(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(b-1) are not displayed and a disabled parking placard is
not displayed in a parking space or area designated specifically
for individuals with disabilities 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).
(c) A person commits an offense if the person stands a
vehicle so that the vehicle blocks an architectural improvement
designed to aid persons with disabilities, including an access
aisle or curb ramp.
(d) A person commits an offense if the person lends a
disabled parking placard issued to the person to a person who uses
the placard in violation of this section.
(e) In a prosecution under this section, it is presumed that
the registered owner of the motor vehicle is the person who left the
vehicle standing at the time and place the offense occurred.
(f) A political subdivision may provide that this section
applies to a parking space or area for persons with disabilities on
private property that is designated in compliance with the
identification requirements referred to in Section 681.009(b). The
violation may not be dismissed for failure of the marking on the
parking space to comply with Texas law if the space is in general
compliance and is clearly distinguishable as a designated
accessible parking space for people who have disabilities. Only a
warning may be issued for unlawfully parking in a space designated
for persons with disabilities if there is no above-grade sign as
provided by law.
(g) Except as provided by Subsections (h)-(k), an offense
under this section is a misdemeanor punishable by a fine of not less
than $500 or more than $750.
SECTION 2. 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, 2023.
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