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.