JWW C.S.H.B. 580 75(R)BILL ANALYSIS PUBLIC SAFETY C.S.H.B. 580 By: Coleman 4-7-97 Committee Report (Substituted) BACKGROUND Officials from local law enforcement agencies, volunteer handicap parking enforcement programs and tax offices have observed a widespread misuse of disabled parking placards. Many disabled license plates and hang tags have been obtained by applicants filing false doctor's signatures to receive handicap license plates or placards. Many people have also been observed using another person's license plate or placard to park in spaces reserved for disabled parking. This is difficult to enforce because no state-wide database exists to verify to whom the placard belongs. PURPOSE This bill will require the Department of Public Safety to maintain a record of disabled parking placards issued statewide. In addition, the requirements by which a person may be eligible for disabled parking designation are made more stringent. RULEMAKING AUTHORITY The Texas Department of Transportation will have authority to alter the disabled parking application to include applicant driver's license number or identification card number and a notarized statement or prescription made by a licensed physician. SECTION BY SECTION ANALYSIS SECTION 1 Amends Section 681.002, Transportation Code, by adding Subsection (d), to require temporary and permanent handicap parking placards to bear a hologram designed to prevent reproduction of the placard. SECTION 2 Amends Section 681.003, Transportation Code, by amending subsection (c) to require the first application for blue permanent handicap parking placards and license plates to be accompanied by a notarized written statement or prescription of a physician. This section would shift the responsibility for issuance of handicap parking license plates and hang tags to the Texas Department of Transportation (TxDOT) and limit their validity to 4 years. TxDOT would determine initial eligibility to receive permanent handicap parking hang tags and license plates based on the applicant's complete and accurate presentation of the application form, doctor's notarized statement or prescription, and $5 fee. (d) This subsection is added making information regarding who has been issued disabled parking placard or available through the Texas drivers licence number or Texas identification number confidential. SECTION 3 Amends Chapter 681, Transportation Code to add Section 681.0031 to require the applicant to provide their Texas drivers license number or Texas identification number on the application and for the applicant's drivers license number or Texas identification number to be attached to parking placard. The disabled parking application would provide a space for this information. SECTION 4 Amends Sections 681.004, Transportation Code, as follows: (c) States that blue permanent handicap parking hang tags or license plates are valid for four years and must then be renewed. Someone who has been certified as permanently disabled is not required to show evidence of eligibility (d) States that an eligible applicant's red temporary placard expires after 6 months and must then be renewed by presenting another doctor's notarized statement or prescription certifying to the continued disability required by Section 681.003(c). SECTION 5 This section amends Chapter 681.006(c), Transportation Code to remove the exemption provided by Subsection (b) allowing the owner of a vehicle to be exempt from payment of fees or penalties imposed by governmental units from parking in parking garages or other parking lots located within the boundaries of municipal airports. SECTION 6 Amends Section 681.006(c), Transportation Code, authorizes political subdivisions to appoint persons who will have the authority to file a charge against person committing an offense under this chapter. Anyone qualified to participate in this program is required to take a four hour training course for local handicap parking enforcement programs. SECTION 7 Amends Chapter 681, Transportation Code by adding section 681.012 to allow law enforcement to seize and revoke placards being used by persons other than the ones to whom the placards were issued. SECTION 8 Conforms the Transportation Code to changes in law made by Section 1 and Section 3, Chapter 929, Acts of the 74th Legislature, Regular Session, 1995. SECTION 9 The changes made by Sections 1, 2, 3, and 4 apply only to a disabled parking placard issued or renewed after the effective date. SECTION 10 Effective Date: September 1, 1997 SECTION 11 Emergency Clause COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 Replaces original SECTION 1. Requires all disabled parking placards to bear a hologram designed to prevent the production of a counterfeit placard. SECTION 2 Includes a written prescription from a physician as an alternative to a physician's notarized statement certifying to the disability. Section 2 is further amended by adding section (d) to Section 681.003, Transportation Code making the name or address of a person to whom a disabled parking placard is issued confidential. SECTION 3 Requires any applicant for a temporary disabled parking placard or permanent disabled parking placard or license plate to provide their Texas driver's license number or Texas Identification number on the application and that it be affixed to the placard for enforcement purposes. The application will provide for this information. SECTION 4 Requires permanent placards and license plates to be renewed every 4 years. Doctor's proof of the permanent disability is only required for the first application. It further requires that temporary placards be renewed every 6 months and be accompanied by a physicians notarized statement or prescription certifying to the continued disability. SECTION 5 Removes the exemption from parking fees or penalties in municipal airports. SECTION 6 This section is added. SECTION 7 This section is added. SECTION 8 Formerly SECTION 4. Original subsection becomes (a). Subsections (b) and (c) are added. SECTION 9 This section is added. SECTION 10 Formerly SECTION 5. SECTION 11 Formerly SECTION 6.