BILL ANALYSIS H.B. 2083 By: Coleman (Brown) State Affairs 5-25-95 Senate Committee Report (Unamended) BACKGROUND In recent years, the number of people applying for special license plate placards as handicapped drivers has increased dramatically, as have the number of violators in handicapped parking zones. As a result, many people feel that the system for obtaining such placards needs to be improved, as does the enforcement system for handicapped parking zones. PURPOSE As proposed, H.B. 2083 creates an escalating scale of fines for repeat of offenders of disabled parking ordinances, raises the fine for making a false application, and requires doctors to prescribe a patient a placard rather than sign a form. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2, Article 6675a-5e.1, V.T.C.S., by amending Subsection (a) and (b), as follows: (a)(1) Describes a disabled person for the purposes of this Act. (2) Describes a person who is legally blind. (3) Describes a person who has mobility problems. (b) Requires the first application to be accompanied by a written statement of a physician licensed to practice medicine in this state certifying to the Department of Transportation that the person making the application or on whose behalf the application is made is legally blind or has a mobility problem that substantially impairs the person's ability to ambulate. Requires the statement to include a certification of whether a mobility problem, if applicable, is temporary or permanent. Deletes the requirement that the first such application must be accompanied by acceptable medical proof that the operator or regularly transported passenger is currently or permanently disabled. SECTION 2. Amends Section 6(b), Article 6675a-5e.1, V.T.C.S., to make a nonsubstantive change. SECTION 3. Amends Section 6A, Article 6675a-5e.1, V.T.C.S., by adding Subsection (e), to authorize a political subdivision to appoint a disabled person or a nondisabled person to have the authority to file charges against a person who commits an offense under this Act. Requires a person appointed under this subsection to be a U.S. citizen of good moral character who has not been convicted of a felony. Requires the person to take and subscribe to an oath of office that the political subdivision prescribes and to complete a training program developed by the political subdivision. Provides that the person is not a peace officer and has none of the powers assigned to a peace officer. Provides that the person is not entitled to compensation for performing duties under this subsection or to indemnification from the political subdivision or the state for injury or property damage the person sustains or liability the person incurs in performing duties under this subsection. Provides that the political subdivision and the state are not liable for any damages arising from an act or omission of the person in performing duties under this subsection. SECTION 4. Amends Section 10, Article 6675a-5e.1, V.T.C.S., by amending Subsection (e) and adding Subsections (f)-(j), as follows: (e) Provides that an offense under this section is punishable by a fine of not less than $100 or more than $200. (f) Provides that if it is shown on the trial of an offense under this section that the person has been previously convicted one time of an offense under this section, the offense is punishable by a fine of not less than $200 or more than $300. (g) Provides that if it is shown on the trial of an offense under this section that the person has been previously convicted two times of an offense under this section, the offense is punishable by a fine of not less than $300 or more than $400. (h) Provides that if it is shown on the trial of an offense under this section that the person has been previously convicted three times of an offense under this section, the offense is punishable by a fine of not less than $400 or more than $500. (i) Provides that if it is shown on the trial of an offense under this section that the person has been previously convicted four times of an offense under this section, the offense is punishable by a fine of $500. (j) Provides that an offense under this section is punishable by a sentence of community service not to exceed 100 hours. SECTION 5. (a) Effective date: September 1, 1995. (b) Makes application of this Act prospective. (c) Makes application of Section 4 of this Act prospective. SECTION 6. Emergency clause.