BILL ANALYSIS



H.B. 2083
By: Coleman
04-12-95
Committee Report (Amended)


BACKGROUND

Due to the sheer number of people applying for special license
plate placards with the Texas Department of Transportation, and the
volume of violators of handicapped parking zones, a system had to
be created to deal with these problems.  This Act echoes
legislation in Virginia, which raises the penalty for falsely
applying for a disabled parking placard.  The legislation also
requires licensed physicians to provide a written statement, or a
prescription, in order for the applicant to receive a placard from
the Department of Transportation.  Furthermore, this Act will set
into statute a range for violations of a disabled ordinance, giving
local judges less discretion to set fines.


PURPOSE

This legislation would create an escalating scale of fines for
repeat offenders of disabled parking ordinances, raise the fine for
falsely applying, and require doctors to "prescribe" a patient a
placard, rather than just sign a form.  It also allows disabled
volunteers to enforce the law by giving them the authority to
distribute tickets after a training program.


RULEMAKING AUTHORITY

This bill would grant further rulemaking authority to the
Department of Transportation for rules governing placard
applicants.


SECTION BY SECTION ANALYSIS

SECTION 1.  Section 2, Chapter 338, Acts of the 64th Legislature,
1975, is amended by amending Subsections (a) and (b).

           Subsection (a) Definitions of blindness and mobility
           impairment.
           Subsection (b) States that first application must be
           accompanied with a written statement from a physician
           that the applicant is duly incapacitated.

SECTION 2.  Section 6A, Chapter 338, Acts of the 64th Legislature,
1975, is amended by adding Subsection (e).

           Subsection (e) States that a local governing body can
           appoint a disabled person as a "deputy" to enforce
           disabled parking laws, after training, and other
           requirements.

SECTION 3.  Section 10, Chapter 338, Acts of the 64th Legislature,
1975, is amended by amending subsection (e) and adding Subsections
(f)-(i).

           Subsection (e)  States that only violations of
           subsections (f)-(i) can be punishable by more than $200;
           others by a fine of $1 to $200.
           Subsection (f) If person has been convicted one previous
           time, the fine is increased to a range of $200-$300.
           Subsection (g)  If convicted twice before, range
           increases to $300-$400.
           Subsection (h) If convicted three times before, range
           increases to $400-$500.
           Subsection (i) If convicted four times before, the fine
           is $500.
                              community service.

SECTION 4.  Effective date: 9/1/95 and transitional provisions.

SECTION 5.  Emergency clause.



EXPLANATION OF AMENDMENTS

Amendment No. 1 makes an offense punishable by community services
not to exceed 100 hours.

Amendment No. 2 allows the appointment of a non-disabled person to
enforce handicap parking rules.

Amendment No. 3 extends exemptions from fees and penalties imposed
by a governmental entity to parking garages and lots.

Amendment No. 4 increases minimum punishment from $1 to $100.


SUMMARY OF COMMITTEE ACTION

HB 2083 was considered by the committee in a public hearing on
March 20, 1995.  The bill was referred to a subcommittee consisting
of Representatives Ehrhardt, Woolley, and Davila.  The bill was
considered in a formal meeting by the subcommittee on April 3,
1995.  The subcommittee considered 4 amendments to the bill.  The
amendments passed without objection.  The bill was reported
favorably as amended to the full committee by a record vote of 3
ayes, 0 nays, 0 pnv, and 0 absent.  HB 2083 was considered on
subcommittee report by the committee in a public hearing on April
10, 1995.  The committee considered four amendments to the bill. 
Of those amendments, two were adopted without objection; two
amendments were amended and adopted without objection.  The bill
was reported favorably, as amended, with the recommendation that it
do pass and be printed by a record vote of 8 ayes, 0 nays, 0 pnv,
and 1 absent.