SRC-MAX H.B. 580 75(R) BILL ANALYSIS
Senate Research Center H.B. 580
By: Coleman (Moncrief)
Intergovernmental Relations
5-11-97
Engrossed
DIGEST
Currently, officials from local law enforcement agencies, volunteer
handicap parking enforcement programs, and tax offices are observing a
widespread misuse of disabled parking placards. This bill requires the
Department of Public Safety to maintain a record of disabled parking
placards issued statewide.
PURPOSE
As proposed, H.B. 580 sets forth provisions relating to the enforcement of
laws relating to parking by, or accessibility of facilities to, persons
with disabilities.
RULEMAKING AUTHORITY
This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 681.002, Transportation Code, by adding
Subsection (d), to require a disabled parking placard to bear a hologram
designed to prevent the reproduction of the placard or the production of a
counterfeit placard.
SECTION 2. Amends Section 681.003, Transportation Code, by amending
Subsection (c) and adding Subsection (d), to require the first application
to be accompanied by a notarized written statement or written prescription
which provides certain evidence that the person for whom the application
is made is legally blind or has a certain mobility problems. Requires the
statement or prescription to include a certification of whether the
disability is temporary or permanent. Requires the Texas Department of
Transportation (TxDOT) to determine a persons's eligibility based on the
evidence provided by the applicant establishing legal blindness or
mobility impairment. Deletes provisions regarding acceptable medical
proof offered by the applicant for a disability classification under this
section. Provides that certain information is confidential and not
subject to disclosure under Chapter 552, Government Code.
SECTION 3. Amends Chapter 681, Transportation Code, by adding Section
681.0031, as follows:
Sec. 681.0031. APPLICANT'S DRIVER'S LICENSE OR PERSONAL IDENTIFICATION
CARD NUMBER. Requires the applicant to include on the application the
applicant's driver's license number or the number of the personal
identification card issued to the applicant under Chapter 521. Requires
TxDOT to provide for this information in prescribing the application
form. Requires the county assessor-collector to record the number on any
disabled parking placard issued to the applicant.
SECTION 4. Amends Sections 681.004(c) and (d), Transportation Code, to
provide that a disability parking placard issued to a person with a
permanent disability is valid for a period of four years, rather than five
years, and shall, rather than may, be replaced or renewed on request of
the person with whom the initial card was issued without presentation of
evidence of eligibility. Authorizes a disabled parking placard to be
renewed at the end of the period if the disability remains as evidenced by
a physician's statement or prescription submitted as required for a first
application under Section 681.003(c).
SECTION 5. Amends Section 681.006(c), Transportation Code, to provide that
the exemption provided by the Subsection (b) does not apply to a fee or
penalty imposed by a governmental unit for parking at a meter, in a
parking garage or lot, or in a space located within the boundaries of a
municipal airport.
SECTION 6. Amends Chapter 681, Transportation Code, by adding Section
681.0101, as follows:
Sec. 681.0101. ENFORCEMENT BY CERTAIN APPOINTED PERSONS. Sets forth
provisions regarding a person appointed, by a political subdivision, to
have the authority to file a charge against a person who commits an
offense under this chapter.
SECTION 7. Amends Chapter 681, Transportation Code, by adding Section
681.012, as follows:
Sec. 681.012. SEIZURE AND REVOCATION OF PLACARD. Sets forth provisions
regarding the seizure of a disabled parking placard and the subsequent
revocation of a seized parking placard. Requires TxDOT to conduct a
hearing and determine whether the revocation should continue or the
placard should be returned to the person and the revocation rescinded.
SECTION 8. Amends Section 5, Article 9102, V.T.C.S., by amending
Subsection (e) and adding Subsections (g) and (h), to delete a provision
requiring the Department of Licensing and Regulation (department) to
inspect certain buildings that are subject to this article. Provides that
certain standards and specifications adopted by the commission under this
article also apply to the Texas Rehabilitation Commission. Requires the
commissioner of licensing and regulation (commissioner) to require
complete compliance with certain standards and specifications prescribed
or referenced by Subsection (g) of this section. Sets forth provisions
regarding the required compliance with certain standards and
specifications under this section.
SECTION 9. (a) Provides that this Act conforms the Transportation Code
to the changes made in law by SECTIONS 1 and 3, Chapter 929, Acts of the
74th Legislature, Regular Session, 1995.
(b) Repealers: SECTIONS 1 and 2, Article 6675a-5e.1, V.T.C.S.
("Permanently disabled" defined; Application and Parking Privileges).
(c) Provides that to the extent of any conflict this Act prevails over
another Act of the 75th Legislature, Regular Session , 1997, relating to
nonsubstantive additions to and corrections in enacted codes.
SECTION 10. Makes application of this Act prospective.
SECTION 11. Effective date: September 1, 1997.
SECTION 12. Emergency clause.