1-1 AN ACT
1-2 relating to enforcement of laws relating to parking by, or
1-3 accessibility of facilities to, persons with disabilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 681.002, Transportation Code, is amended
1-6 by adding Subsection (d) to read as follows:
1-7 (d) A disabled parking placard must bear a hologram designed
1-8 to prevent the reproduction of the placard or the production of a
1-9 counterfeit placard.
1-10 SECTION 2. Section 681.003, Transportation Code, is amended
1-11 by amending Subsection (c) and adding Subsection (d) to read as
1-12 follows:
1-13 (c) The first application must be accompanied by a notarized
1-14 written statement or written prescription of a physician licensed
1-15 to practice medicine in this state certifying and providing
1-16 evidence acceptable to the department [acceptable medical proof]
1-17 that the person making the application or on whose behalf the
1-18 application is made is legally blind or has a mobility problem that
1-19 substantially impairs the person's ability to ambulate. The
1-20 statement or prescription must include a certification of whether
1-21 the disability is temporary or permanent. The department shall
1-22 determine a person's eligibility based on evidence provided by the
1-23 applicant establishing legal blindness or mobility impairment
1-24 [operator or regularly transported passenger has a disability. A
2-1 written statement from a physician is not required as acceptable
2-2 medical proof if:]
2-3 [(1) the person with a disability:]
2-4 [(A) has had a limb, hand, or foot amputated; or]
2-5 [(B) must use a wheelchair; and]
2-6 [(2) the applicant and the county assessor-collector
2-7 issuing the disabled parking placard execute an affidavit attesting
2-8 to the person's disability].
2-9 (d) Information concerning the name or address of a person
2-10 to whom a disabled parking placard is issued or in whose behalf a
2-11 disabled parking placard is issued is confidential and not subject
2-12 to disclosure under Chapter 552, Government Code.
2-13 SECTION 3. Chapter 681, Transportation Code, is amended by
2-14 adding Section 681.0031 to read as follows:
2-15 Sec. 681.0031. APPLICANT'S DRIVER'S LICENSE OR PERSONAL
2-16 IDENTIFICATION CARD NUMBER. (a) The applicant shall include on
2-17 the application the applicant's driver's license number or the
2-18 number of a personal identification card issued to the applicant
2-19 under Chapter 521. The department shall provide for this
2-20 information in prescribing the application form.
2-21 (b) The county assessor-collector shall record the number on
2-22 any disabled parking placard issued to the applicant.
2-23 SECTION 4. Sections 681.004(c) and (d), Transportation Code,
2-24 are amended to read as follows:
2-25 (c) A disabled parking placard issued to a person with a
2-26 permanent disability is valid for a [maximum] period of four [five]
2-27 years and shall [may] be replaced or renewed on request of the
3-1 person to whom the initial card was issued without presentation of
3-2 evidence of eligibility.
3-3 (d) A disabled parking placard issued to a person with a
3-4 temporary disability expires after the period set by the department
3-5 and may be renewed at the end of that period if the disability
3-6 remains as evidenced by a physician's statement or prescription
3-7 submitted as required for a first application under Section
3-8 681.003(c).
3-9 SECTION 5. Section 681.006(c), Transportation Code, is
3-10 amended to read as follows:
3-11 (c) The exemption provided by Subsection (b) does not apply
3-12 to a fee or penalty:
3-13 (1) imposed by a branch of the United States
3-14 government; or
3-15 (2) imposed by a governmental unit for parking at a
3-16 meter, in a parking garage or lot, or in a space located within the
3-17 boundaries of a municipal airport.
3-18 SECTION 6. Chapter 681, Transportation Code, is amended by
3-19 adding Section 681.0101 to read as follows:
3-20 Sec. 681.0101. ENFORCEMENT BY CERTAIN APPOINTED PERSONS.
3-21 (a) A political subdivision may appoint a person to have authority
3-22 to file a charge against a person who commits an offense under this
3-23 chapter.
3-24 (b) A person appointed under this section must:
3-25 (1) be a United States citizen of good moral character
3-26 who has not been convicted of a felony;
3-27 (2) take and subscribe to an oath of office that the
4-1 political subdivision prescribes; and
4-2 (3) successfully complete a training program of at
4-3 least four hours in length developed by the political subdivision.
4-4 (c) A person appointed under this section:
4-5 (1) is not a peace officer;
4-6 (2) has no authority other than the authority
4-7 applicable to a citizen to enforce a law other than this chapter;
4-8 and
4-9 (3) may not carry a weapon while performing duties
4-10 under this section.
4-11 (d) A person appointed under this section is not entitled to
4-12 compensation for performing duties under this section or to
4-13 indemnification from the political subdivision or the state for
4-14 injury or property damage the person sustains or liability the
4-15 person incurs in performing duties under this section.
4-16 (e) The political subdivision and the state are not liable
4-17 for any damage arising from an act or omission of a person
4-18 appointed under Subsection (a) in performing duties under this
4-19 section.
4-20 SECTION 7. Chapter 681, Transportation Code, is amended by
4-21 adding Section 681.012 to read as follows:
4-22 Sec. 681.012. SEIZURE AND REVOCATION OF PLACARD. (a) A law
4-23 enforcement officer who believes that an offense under Section
4-24 681.011(a) or (d) has occurred in the officer's presence shall
4-25 seize any disabled parking placard involved in the offense. Not
4-26 later than 48 hours after the seizure, the officer shall determine
4-27 whether probable cause existed to believe that the offense was
5-1 committed. If the officer does not find that probable cause
5-2 existed, the officer shall promptly return each placard to the
5-3 person from whom it was seized. If the officer finds that probable
5-4 cause existed, the officer, not later than the fifth day after the
5-5 date of the seizure, shall submit each seized placard to the
5-6 department.
5-7 (b) On submission to the department under Subsection (a), a
5-8 placard is revoked. On request of the person from whom the placard
5-9 was seized, the department shall conduct a hearing and determine
5-10 whether the revocation should continue or the placard should be
5-11 returned to the person and the revocation rescinded.
5-12 SECTION 8. Section 5, Article 9102, Revised Statutes, is
5-13 amended by amending Subsection (e) and adding Subsections (g) and
5-14 (h) to read as follows:
5-15 (e) The commissioner may review plans and specifications,
5-16 make inspections, and issue certifications that structures not
5-17 otherwise covered by this article are free of architectural
5-18 barriers and in compliance with the provisions of this article.
5-19 The department shall inspect each building and facility that has an
5-20 estimated construction cost of $50,000 or more and that is subject
5-21 to this article not later than the first anniversary of the date
5-22 that construction or substantial renovation, modification, or
5-23 alteration of the building or facility is completed. [The
5-24 department shall inspect each building that is subject to this
5-25 article because of a lease to the state during the first year of
5-26 the lease.]
5-27 (g) The standards and specifications adopted by the
6-1 commissioner under this article that apply specifically to a
6-2 building or facility occupied by a state agency involved in
6-3 extending direct services to persons with mobility impairments also
6-4 apply to a building or facility that is occupied by the Texas
6-5 Rehabilitation Commission.
6-6 (h) Notwithstanding other provisions of this article, the
6-7 commissioner shall require complete compliance with the standards
6-8 and specifications prescribed or referenced by Subsection (g) of
6-9 this section. The department and the General Services Commission
6-10 shall ensure that all buildings and facilities leased or built by
6-11 or for the state to which those standards apply comply with those
6-12 standards. Notwithstanding other provisions of this article, the
6-13 department shall perform an on-site inspection of all buildings and
6-14 facilities to be leased by the state before the building or
6-15 facility is occupied by the state for compliance with all
6-16 accessibility standards and specifications adopted under this
6-17 article. The leasing agency or the General Services Commission, as
6-18 applicable, shall cancel the lease unless the lessor brings into
6-19 compliance any condition that the inspection finds not to be in
6-20 compliance with all applicable standards and specifications not
6-21 later than:
6-22 (1) the 60th day after the date the department
6-23 delivers the results of the inspection to the lessor or the
6-24 lessor's agent; or
6-25 (2) a later date established by the commissioner if
6-26 circumstances justify a later date.
6-27 SECTION 9. (a) In addition to the substantive changes in
7-1 law made by this Act, this Act conforms the Transportation Code to
7-2 changes in law made by Sections 1 and 3, Chapter 929, Acts of the
7-3 74th Legislature, Regular Session, 1995.
7-4 (b) Sections 1 and 3, Chapter 929, Acts of the 74th
7-5 Legislature, Regular Session, 1995, are repealed.
7-6 (c) To the extent of any conflict, this Act prevails over
7-7 another Act of the 75th Legislature, Regular Session, 1997,
7-8 relating to nonsubstantive additions to and corrections in enacted
7-9 codes.
7-10 SECTION 10. The changes in law made by Sections 1, 2, 3, and
7-11 4 of this Act apply only to a disabled parking placard issued or
7-12 renewed on or after the effective date of this Act.
7-13 SECTION 11. This Act takes effect September 1, 1997.
7-14 SECTION 12. The importance of this legislation and the
7-15 crowded condition of the calendars in both houses create an
7-16 emergency and an imperative public necessity that the
7-17 constitutional rule requiring bills to be read on three several
7-18 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 580 was passed by the House on May 2,
1997, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 580 on May 28, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 580 was passed by the Senate, with
amendments, on May 19, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor