SRC-AMY H.B. 148 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 148
By: Solomons (West)
International Relations and Trade
5/9/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, the Texas Department of Transportation is authorized to
issue a disabled parking placard to hang from the rear view mirror of the
car of a person with a disability, as determined by a physician. While the
Transportation Code provides penalties for the misuse of a legitimately
issued placard, police currently rely on a provision in the Penal Code to
prosecute persons who sell or use false placards. This provision requires
that the person knowingly "makes, presents, or uses any record, document,
or thing with knowledge of its falsity and with intent that it be taken as
a genuine governmental record."  H.B. 148 prohibits the manufacture, sale,
possession or use of a counterfeit placard.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 681, Transportation Code, by adding Section
681.0111, as follows: 

Sec. 681.0111.  MANUFACTURE, SALE, POSSESSION, OR USE OF COUNTERFEIT
PLACARD.  (a)  Provides that a person commits an offense if, without the
Texas Department of Transportation's authorization, the person
manufactures, sells, or possesses a placard that is deceptively similar to
a disabled parking placard. 

(b) Provides that a person commits an offense if the person knowingly
parks a vehicle displaying a counterfeit placard in a parking space or
area designated specifically for persons with disabilities. 

(c) Provides that an offense under Subsection (a) is a Class A
misdemeanor. Provides that an offense under Subsection (b) is a Class C
misdemeanor. 

(d)  Provides that for purposes of this section, a placard is deceptively
similar to a disabled parking placard if the placard is not a genuine
disabled parking placard but a reasonable person would presume that it is
a genuine disabled parking placard. 

SECTION 2.  Makes application of this Act prospective. 

SECTION 3.  Effective date:  September 1, 2003.