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A BILL TO BE ENTITLED
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AN ACT
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relating to presumption for an offense to accessible parking. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 681.011, Transportation Code, is amended |
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to read as follows: |
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(a) A person commits an offense if: |
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(1) the person stands a vehicle on which are displayed |
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license plates issued under Section 504.201 or 504.202(b-1) or a |
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disabled parking placard in a parking space or area designated |
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specifically for persons with disabilities by: deliver to the |
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attorney general all pertinent documents and information in the |
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secretary's possession. |
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(A) a political subdivision; or |
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(B) a person who owns or controls private |
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property used for parking as to which a political subdivision has |
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provided for the application of this section under Subsection (f); |
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and |
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(2) the standing of the vehicle in that parking space |
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or area is not authorized by Section 681.006, 681.007, or 681.008. |
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(b) A person commits an offense if the person stands a |
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vehicle on which license plates issued under Section 504.201 or |
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504.202(b-1) are not displayed and a disabled parking placard is |
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not displayed in a parking space or area designated specifically |
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for individuals with disabilities by: |
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(1) a political subdivision; or |
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(2) a person who owns or controls private property |
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used for parking as to which a political subdivision has provided |
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for the application of this section under Subsection (f). |
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(c) A person commits an offense if the person stands a |
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vehicle so that the vehicle blocks an architectural improvement |
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designed to aid persons with disabilities, including an access |
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aisle or curb ramp. |
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(d) A person commits an offense if the person lends a |
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disabled parking placard issued to the person to a person who uses |
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the placard in violation of this section. |
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(e) In a prosecution under this section, it is presumed that |
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the registered owner of the motor vehicle is the person who left the |
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vehicle standing at the time and place the offense occurred. |
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(f) A political subdivision may provide that this section |
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applies to a parking space or area for persons with disabilities on |
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private property that is designated in compliance with the |
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identification requirements referred to in Section 681.009(b). The |
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violation may not be dismissed for failure of the marking on the |
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parking space to comply with Texas law if the space is in general |
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compliance and is clearly distinguishable as a designated |
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accessible parking space for people who have disabilities. Only a |
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warning may be issued for unlawfully parking in a space designated |
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for persons with disabilities if there is no above-grade sign as |
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provided by law. |
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(g) Except as provided by Subsections (h)-(k), an offense |
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under this section is a misdemeanor punishable by a fine of not less |
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than $500 or more than $750. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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