TWT H.B. 3025 75(R)BILL ANALYSIS


TRANSPORTATION
H.B. 3025
By: Brimer
4-5-97
Committee Report (Amended)


BACKGROUND 

Prior to January 1995, the Dallas/Ft. Worth International Airport board
waived parking fees, for the first 30 days, for all persons with
authorized disabled license plates or permits. Some 151 new disabled
parking stalls were added to the airport's current parking system.  At its
January 1995 Board meeting, the board permitted the airport to charge
disabled parking patrons the same rate as all other patrons.  The only
exception to this policy was free parking which was extended to
individuals displaying a disabled veteran or congressional medal of honor
license plate (in accordance with state law). 

During the 74th Texas Legislature, H.B. 2083 (related to the issuance of
special license plates and parking placards for vehicles owned by or
transporting disabled persons) was enacted. One provision in this bill
prohibited a governmental entity from charging an individual displaying a
disabled permit for parking in a parking garage or parking lot.  The
effect, although not the intent, prohibited DFW Airport from assessing
parking fees on disabled individuals.  The author of the legislation,
Representative Garnet Coleman, confirmed that it was never the intent of
this legislation to permit disabled parkers to park free at airports. DFW
Airport chose to follow he letter of the law.  Effective August 1995, DFW
Airport stopped collecting the parking fee transactions for all holders of
disabled license plates and/or permits.  DFW Airport estimates it loses
approximately $1,696,000 in parking fee revenue due to this inadvertent
legislation. 

PURPOSE

This bill will permit the reimposition of fees on disabled individuals
(excluding disabled veterans and Congressional Medal of Honor winners) who
park at DFW International Airport. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 681.006(b), Transportation Code, to remove an
exemption for payment of parking fees imposed by a governmental unit for
parking "in a space" with a limitation on the length of time for parking
for a vehicle being operated by or for the transportation of a person with
a disability. 

SECTION 2.  Effective Date - September 1, 1997.

SECTION 3.  Emergency Clause.

EXPLANATION OF AMENDMENTS

Adds a new Section 2 and renumbers remaining sections accordingly.
SECTION 2. Amends Sec. 681.006, Transportation Code, by adding Subsection
(e) which clarifies that this code does not exempt any owner or operator
of a vehicle from payment of fees or penalties imposed by a governmental
unit for parking at a meter, garage, lot or space within the boundaries of
a municipal airport.