By: Campbell, et al. S.B. No. 792

(Cortez)

A BILL TO BE ENTITLED

AN ACT

relating to specialty license plates and parking placards for vehicles of certain disabled veterans.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 502.410(b), Transportation Code, is amended to read as follows:

(b) Subsection (a) does not apply to a statement or application filed or given under Section 502.060, 502.092, 502.093, 502.094, 502.095, 504.201, 504.202(b-1), 504.508, or 504.515.

SECTION 2. Section 504.202, Transportation Code, is amended by adding Subsections (b-1), (b-2), and (k) and amending Subsections (g) and (j) to read as follows:

(b-1) A person described by Subsection (b) who is eligible to receive license plates under Section 504.201 may elect to receive license plates under this section that include the symbol described by Section 504.201(f). The initial application for license plates under this subsection must be accompanied by:

(1) the written statement required by Section 504.201(d), unless the applicant is an organization described by Subsection (b-2); and

(2) any other information required for an application under this section.

(b-2) An organization that registers a motor vehicle under Subsection (c) may elect to receive license plates under Subsection (b-1) if the vehicle regularly transports veterans who are eligible to receive license plates under Subsection (b-1). The department shall adopt rules prescribing satisfactory proof of eligibility under this subsection.

(g) A person who receives license plates under Subsection (b-1) [this section] may receive a disabled parking placard under Section 681.004 for each set of license plates [without providing additional documentation].

(j) A person entitled to license plates under this section may instead use, for a vehicle that meets the requirements of Section 504.501 or 504.502, disabled veteran license plates issued by this state that [are]:

(1) are embossed with an alphanumeric pattern;

(2) are of a plate design that was issued in the same year as the model year of the vehicle; [and]

(3) are approved for use by the department; and

(4) include the symbol described by Section 504.201(f), if the person satisfies the requirements for the issuance of license plates under Subsection (b-1) and elects to include the symbol on the plates.

(k) A reference in law to license plates issued under Subsection (b-1) includes disabled veteran license plates described by Subsection (j)(4).

SECTION 3. Section 681.004(a), Transportation Code, is amended to read as follows:

(a) A person with a permanent disability may receive:

(1) two disabled parking placards, if the person does not receive a set of special license plates under Section 504.201;

(2) one disabled parking placard, if the person receives a set of special license plates under Section 504.201; or

(3) two disabled parking placards, if the person receives two sets of special license plates under Section 504.202(b-1) [504.202].

SECTION 4. Section 681.008(a), Transportation Code, is amended to read as follows:

(a) A vehicle may be parked for an unlimited period in a parking space or area that is designated specifically for persons with physical disabilities if [the vehicle]:

(1) the vehicle [is being operated by or for the transportation of]:

(A) [the person who registered the vehicle under Section 504.202(a) or a person described by Section 504.202(b) if the vehicle is registered under that subsection; and

[(B)] displays special license plates issued under Section 504.202(b-1) [504.202]; and

(B) is being operated by or for the transportation of the person to whom the plates were issued; or

(2) the vehicle displays license plates issued by another state of the United States that indicate on the face of the license plates that the owner or operator of the vehicle is a disabled veteran of the United States armed forces.

SECTION 5. Section 681.009(e), Transportation Code, is amended to read as follows:

(e) Parking spaces or areas designated for the exclusive use of vehicles transporting persons with disabilities may be used by vehicles displaying a white on blue shield disabled parking placard, license plates issued under Section 504.201 or 504.202(b-1) [504.202], or a white on red shield disabled parking placard.

SECTION 6. Sections 681.011(a), (b), and (l), Transportation Code, are 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) [504.202] or a disabled parking placard in a parking space or area designated specifically for persons with disabilities by:

(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) [504.202] 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).

(l) A person commits an offense if the person:

(1) 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 for which this chapter creates an exemption from payment of a fee or penalty imposed by a governmental unit;

(2) does not have a disability;

(3) is not transporting a person with disability; and

(4) does not pay any applicable fee related to standing in the space or area imposed by a governmental unit or exceeds a limitation on the length of time for standing in the space or area.

SECTION 7. Not later than December 1, 2021, the Texas Department of Motor Vehicles shall adopt rules for issuing specialty license plates under Section 504.202(b-1), Transportation Code, as added by this Act.

SECTION 8. The changes in law made by this Act apply 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. (a) Except as provided by Subsection (b) of this section, this Act takes effect January 1, 2022.

(b) Section 7 of this Act takes effect September 1, 2021.