77R11522 JAT-D                          
         By Barrientos                                          S.B. No. 777
         Substitute the following for S.B. No. 777:
         By Alexander                                       C.S.S.B. No. 777
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to specialized license plates and parking placards for
 1-3     vehicles of persons with disabilities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 502.253, Transportation Code, is amended
 1-6     by amending Subsection (e) and adding Subsection (i) to read as
 1-7     follows:
 1-8           (e)  Subject to Subsection (i), the [The] first application
 1-9     for registration must be accompanied by a written statement of a
1-10     physician licensed to practice medicine in this state or a state
1-11     adjacent to this state, or authorized by applicable law to practice
1-12     medicine in a hospital or other health facility of the Veterans
1-13     Administration, certifying to the department that the person making
1-14     the application or on whose behalf the application is made is
1-15     legally blind or has a mobility problem that substantially impairs
1-16     the person's ability to ambulate. The statement must include a
1-17     certification of whether a mobility problem, if applicable, is
1-18     temporary or permanent. A written statement from a physician is not
1-19     required as acceptable medical proof if:
1-20                 (1)  the person with a disability:
1-21                       (A)  has had a limb, hand, or foot amputated; or
1-22                       (B)  must use a wheelchair; and
1-23                 (2)  the applicant and the county assessor-collector
1-24     issuing the special license plates execute an affidavit attesting
 2-1     to the person's disability.
 2-2           (i)  If a first application for registration under this
 2-3     section is made by or on behalf of a person with a mobility problem
 2-4     caused by a disorder of the foot, the written statement required by
 2-5     Subsection (e) may be issued by a person licensed to practice
 2-6     podiatry in this state or a state adjacent to this state.  In this
 2-7     subsection, "podiatry" has the meaning assigned by Section 681.001.
 2-8           SECTION 2. Section 681.001, Transportation Code, is amended
 2-9     by amending Subdivision (5) and adding Subdivision (6) to read as
2-10     follows:
2-11                 (5)  "Mobility problem that substantially impairs a
2-12     person's ability to ambulate" means that the person:
2-13                       (A)  cannot walk 200 feet without stopping to
2-14     rest;
2-15                       (B)  cannot walk without the use of or assistance
2-16     from an assistance device, including a brace, a cane, a crutch,
2-17     another person, or a prosthetic device;
2-18                       (C)  cannot ambulate without a wheelchair or
2-19     similar device;
2-20                       (D)  is restricted by lung disease to the extent
2-21     that the person's forced respiratory expiratory volume for one
2-22     second, measured by spirometry, is less than one liter, or the
2-23     arterial oxygen tension is less than 60 millimeters of mercury on
2-24     room air at rest;
2-25                       (E)  uses portable oxygen;
2-26                       (F)  has a cardiac condition to the extent that
2-27     the person's functional limitations are classified in severity as
 3-1     Class III or Class IV according to standards set by the American
 3-2     Heart Association;
 3-3                       (G)  is severely limited in the ability to walk
 3-4     because of an arthritic, neurological, or orthopedic condition;
 3-5     [or]
 3-6                       (H)  has a disorder of the foot that, in the
 3-7     opinion of a person licensed to practice podiatry in this state or
 3-8     in a state adjacent to this state, limits or impairs the person's
 3-9     ability to walk; or
3-10                       (I)  has another debilitating condition that, in
3-11     the opinion of a physician licensed to practice medicine in this
3-12     state or a state adjacent to this state, or authorized by
3-13     applicable law to practice medicine in a hospital or other health
3-14     facility of the Veterans Administration, limits or impairs the
3-15     person's ability to walk.
3-16                 (6)  "Podiatry" has the meaning assigned by Section
3-17     202.001, Occupations Code.
3-18           SECTION 3.  Section 681.003, Transportation Code, is amended
3-19     by amending Subsection (c) and adding Subsection (e) to read as
3-20     follows:
3-21           (c)  Subject to Subsection (e), the [The] first application
3-22     must be accompanied by a notarized written statement or written
3-23     prescription of a physician licensed to practice medicine in this
3-24     state or a state adjacent to this state, or authorized by
3-25     applicable law to practice medicine in a hospital or other health
3-26     facility of the Veterans Administration, certifying and providing
3-27     evidence acceptable to the department that the person making the
 4-1     application or on whose behalf the application is made is legally
 4-2     blind or has a mobility problem that substantially impairs the
 4-3     person's ability to ambulate.  The statement or prescription must
 4-4     include a certification of whether the disability is temporary or
 4-5     permanent and information acceptable to the department to determine
 4-6     the type of disabled parking placard for which the applicant is
 4-7     eligible.  The department shall determine a person's eligibility
 4-8     based on evidence provided by the applicant establishing legal
 4-9     blindness or mobility impairment.
4-10           (e)  If a first application for a permit under this section
4-11     is made by or on behalf of a person with a mobility problem caused
4-12     by a disorder of the foot, the notarized written statement or
4-13     written prescription required by Subsection (c) may be issued by a
4-14     person licensed to practice podiatry in this state or a state
4-15     adjacent to this state.
4-16           SECTION 4. This Act takes effect September 1, 2001.