H.B. 148 78(R)    BILL ANALYSIS


H.B. 148
By: Solomons
Transportation
Committee Report (Unamended )

           

BACKGROUND AND PURPOSE 

Under current law, the Texas Department of Transportation may issue a
handicapped placard to hang from a rear view mirror of an individual
deemed handicapped 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 people that
sell or use fake "handicap hang tags." However, 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." This is an extremely high standard for law
enforcement to prove that a manufacturer of fake placards knows for
certain that the purchaser will use the placard fraudulently. House Bill
148 would prohibit the manufacture, sale, possession or use of a
counterfeit placard.  

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. 

ANALYSIS

House Bill 148 amends the Transportation Code to prohibit the manufacture,
sale or possession of a placard that is similar to a state-issued
handicapped placard. The penalty for the manufacture or sale of a
counterfeit placard would be a Class A misdemeanor, whereas the penalty
for possession would be a Class C misdemeanor (Section 681.0111).   

The changes created by House Bill 148 would apply to an offense which
occurs on or after the effective date. 

EFFECTIVE DATE

September 1, 2003.