1-1  By:  Coleman (Senate Sponsor - Brown)                 H.B. No. 2083
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 17, 1995, read first time and referred to Committee on State
    1-4  Affairs; May 25, 1995, reported favorably by the following vote:
    1-5  Yeas 7, Nays 0; May 25, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the issuance of special license plates and parking
    1-9  placards for vehicles owned by or transporting disabled persons and
   1-10  the enforcement of the law relating to parking by or for disabled
   1-11  persons.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 2, Chapter 338, Acts of the 64th
   1-14  Legislature, 1975 (Article  6675a-5e.1, Vernon's Texas Civil
   1-15  Statutes), is amended by amending Subsections (a) and (b) to read
   1-16  as follows:
   1-17        (a)(1)  For purposes of this Act, a <A> person is disabled
   1-18  who has mobility problems that substantially impair the person's
   1-19  ability to ambulate, or who is legally blind.
   1-20              (2)  A person is legally blind if the person has <In
   1-21  this Act, "legally blind" means having> not more than 20/200 of
   1-22  visual acuity in the better eye with correcting lenses, or visual
   1-23  acuity greater than 20/200 but with a limitation in the field of
   1-24  vision such that the widest diameter of the visual field subtends
   1-25  an angle no greater than 20 degrees.
   1-26              (3)  A person has mobility problems that substantially
   1-27  impair the person's ability to ambulate if the person:
   1-28                    (A)  cannot walk 200 feet without stopping to
   1-29  rest;
   1-30                    (B)  cannot walk without the use of or assistance
   1-31  from an assistance device, including a brace, cane, crutch, another
   1-32  person, or a prosthetic device;
   1-33                    (C)  cannot ambulate without a wheelchair or
   1-34  similar device;
   1-35                    (D)  is restricted by lung disease to the extent
   1-36  that the person's forced respiratory expiratory volume for one
   1-37  second, measured by spirometry, is less than one liter, or the
   1-38  arterial oxygen tension is less than 60 millimeters of mercury on
   1-39  room air at rest;
   1-40                    (E)  uses portable oxygen;
   1-41                    (F)  has a cardiac condition to the extent that
   1-42  the person's functional limitations are classified in severity as
   1-43  Class III or Class IV according to standards set by the American
   1-44  Heart Association;
   1-45                    (G)  is severely limited in the ability to walk
   1-46  because of an arthritic, neurological, or orthopedic condition; or
   1-47                    (H)  has another debilitating condition that, in
   1-48  the opinion of a physician licensed to practice medicine in this
   1-49  state, limits or impairs the person's ability to walk.
   1-50        (b)  Owners of motor vehicles regularly operated by or for
   1-51  the transportation of persons described in Subsection (a) of this
   1-52  section may make application to the department through the county
   1-53  tax collector of the county in which they reside for the special
   1-54  license plates or a removable windshield identification card on a
   1-55  form prescribed and furnished by the department.  The first
   1-56  application must be accompanied by a written statement of a
   1-57  physician licensed to practice medicine in this state certifying to
   1-58  the department that the person making the application or on whose
   1-59  behalf the application is made is legally blind or has a mobility
   1-60  problem that substantially impairs the person's ability to
   1-61  ambulate.  The statement must include a certification of whether a
   1-62  mobility problem, if applicable, is temporary or permanent.  A
   1-63  permanently disabled person may receive a set of special license
   1-64  plates and one removable windshield identification card or may
   1-65  receive no special license plates and two removable windshield
   1-66  identification cards.  A temporarily disabled person may receive
   1-67  two removable windshield identification cards that may be renewed
   1-68  at the end of the period for which they were issued if the
    2-1  disability remains.  <The first such application must be
    2-2  accompanied by acceptable medical proof that the operator or
    2-3  regularly transported passenger is currently or permanently
    2-4  disabled.>
    2-5        SECTION 2.  Section 6(b), Chapter 338, Acts of the 64th
    2-6  Legislature, Regular Session, 1975 (Article 6675a-5e.1, Vernon's
    2-7  Texas Civil Statutes), is amended to read as follows:
    2-8        (b)  The owner of a vehicle on which the special license
    2-9  plates are displayed or in which a removable windshield
   2-10  identification card is placed on the rearview mirror of the front
   2-11  windshield is exempt from the payment of fees or penalties imposed
   2-12  by a governmental authority for parking at a meter, in a parking
   2-13  garage or lot, or in a space with a limitation on the length of
   2-14  time for parking, unless the vehicle was not parked at the time by
   2-15  or for transportation of a disabled person.  This exemption does
   2-16  not apply to fees or penalties imposed by a branch of the United
   2-17  States government.  This section does not permit parking a vehicle
   2-18  at a place or time that parking is prohibited.
   2-19        SECTION 3.  Section 6A, Chapter 338, Acts of the 64th
   2-20  Legislature, 1975 (Article 6675a-5e.1, Vernon's Texas Civil
   2-21  Statutes), is amended by adding Subsection (e) to read as follows:
   2-22        (e)  A political subdivision may appoint a disabled person
   2-23  or a nondisabled person to have the authority to file charges
   2-24  against a person who commits an offense under this Act.  A person
   2-25  appointed under this subsection must be a United States citizen of
   2-26  good moral character who has not been convicted of a felony.  The
   2-27  person must take and subscribe to an oath of office that the
   2-28  political subdivision prescribes and must complete a training
   2-29  program developed by the political subdivision.  The person is not
   2-30  a peace officer, has no authority other than the authority
   2-31  applicable to a citizen to enforce a law other than this Act, and
   2-32  may not carry a weapon while performing duties under this
   2-33  subsection.  The person is not entitled to compensation for
   2-34  performing duties under this subsection or to indemnification from
   2-35  the political subdivision or the state for injury or property
   2-36  damage the person sustains or liability the person incurs in
   2-37  performing duties under this subsection.  The political subdivision
   2-38  and the state are not liable for any damages arising from an act or
   2-39  omission of the person in performing duties under this subsection.
   2-40        SECTION 4.  Section 10, Chapter 338, Acts of the 64th
   2-41  Legislature, 1975 (Article 6675a-5e.1, Vernon's Texas Civil
   2-42  Statutes), is amended by amending Subsection (e) and adding
   2-43  Subsections (f)-(j) to read as follows:
   2-44        (e)  An offense under this section is a <Class C>
   2-45  misdemeanor.  Except as provided by Subsections (f)-(i) of this
   2-46  section, an offense under this section is punishable by a fine of
   2-47  not less than $100 or more than $200.
   2-48        (f)  If it is shown on the trial of an offense under this
   2-49  section that the person has been previously convicted one time of
   2-50  an offense under this section, the offense is punishable by a fine
   2-51  of not less than $200 or more than $300.
   2-52        (g)  If it is shown on the trial of an offense under this
   2-53  section that the person has been previously convicted two times of
   2-54  an offense under this section, the offense is punishable by a fine
   2-55  of not less than $300 or more than $400.
   2-56        (h)  If it is shown on the trial of an offense under this
   2-57  section that the person has been previously convicted three times
   2-58  of an offense under this section, the offense is punishable by a
   2-59  fine of not less than $400 or more than $500.
   2-60        (i)  If it is shown on the trial of an offense under this
   2-61  section that the person has been previously convicted four times of
   2-62  an offense under this section, the offense is punishable by a fine
   2-63  of $500.
   2-64        (j)  An offense under this section is punishable by a
   2-65  sentence of community service not to exceed 100 hours.
   2-66        SECTION 5.  (a)  This Act takes effect September 1, 1995.
   2-67        (b)  The changes in law made by Section 1 of this Act apply
   2-68  only to a person who applies for special disabled license plates or
   2-69  a removable windshield identification card on or after that date.
   2-70  A person who applied for special disabled license plates or a
    3-1  removable windshield identification card before the effective date
    3-2  of this Act is governed by the law in effect when the application
    3-3  was made, and the former law is continued in effect for that
    3-4  purpose.
    3-5        (c)  The changes in law made by Section 4 of this Act apply
    3-6  only to the punishment for a first or subsequent offense committed
    3-7  on or after the effective date of this Act.  An offense committed
    3-8  before the effective date of this Act is covered by the law in
    3-9  effect when the offense was committed, and the former law is
   3-10  continued in effect for that purpose.  For purposes of this
   3-11  subsection, an offense was committed before the effective date of
   3-12  this Act if any element of the offense occurred before that date.
   3-13        SECTION 6.  The importance of this legislation and the
   3-14  crowded condition of the calendars in both houses create an
   3-15  emergency and an imperative public necessity that the
   3-16  constitutional rule requiring bills to be read on three several
   3-17  days in each house be suspended, and this rule is hereby suspended.
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