78R4323 JRJ-D

By:  Coleman                                                      H.B. No. 761



A BILL TO BE ENTITLED

AN ACT

relating to certain offenses in connection with privileged parking.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 681.001, Transportation Code, is amended 
by adding Subdivisions (7) and (8) to read as follows:
		(7)  "Park" or "parking" means to stand an occupied or 
unoccupied vehicle, other than temporarily while loading or 
unloading merchandise or passengers.
		(8)  "Stand" or "standing" means to halt an occupied or 
unoccupied vehicle, other than temporarily while receiving or 
discharging passengers.
	SECTION 2.  Section 681.011, Transportation Code, is amended 
by amending Subsections (a)-(c), (e), and (m) to read as follows:
	(a)  A person commits an offense if:                                           
		(1)  the person parks or stands a vehicle on which are 
displayed license plates issued under Section 502.253 or 502.254 or 
a disabled parking placard in a parking space or area designated 
specifically for persons with disabilities by:
			(A)  a political subdivision;  or                                            
			(B)  a person who owns or controls private 
property used for parking as to which a political subdivision has 
provided for the application of this section under Subsection (f);  
and
		(2)  the parking or standing of the vehicle in that 
parking space or area is not authorized by Section 681.006, 
681.007, or 681.008.
	(b)  A person commits an offense if the person:                                
		(1)  parks or stands a vehicle on which license plates 
issued under Section 502.253 or 502.254 are not displayed and a 
disabled parking placard is not displayed in a parking space or area 
designated specifically for individuals with disabilities by:
			(A)  a political subdivision;  or                                            
			(B)  a person who owns or controls private 
property used for parking as to which a political subdivision has 
provided for the application of this section under this Subsection 
(f);  or
		(2)  parks or stands a vehicle displaying a white on red 
shield disabled parking placard or license plates issued under 
Section 502.253 in a space designated under Section 681.009(e) for 
the exclusive use of vehicles displaying a white on blue shield 
disabled parking placard.
	(c)  A person commits an offense if the person parks or 
stands a vehicle so that the vehicle blocks an architectural 
improvement designed to aid persons with disabilities, including an 
access or curb ramp.
	(e)  In a prosecution under this section, it is presumed that 
the registered owner of the motor vehicle is the person who parked 
the vehicle or left the vehicle standing at the time and place the 
offense occurred.
	(m)  A person commits an offense if the person:                                
		(1)  parks or stands a vehicle on which are displayed 
license plates issued under Section 502.253 or a disabled parking 
placard in a parking space or area for which this chapter creates an 
exemption from payment of a fee or penalty imposed by a governmental 
unit;
		(2)  does not have a disability;                                              
		(3)  is not transporting a person with disability;  and                       
		(4)  does not pay any applicable fee related to parking 
or standing in the space or area imposed by a governmental unit or 
exceeds a limitation on the length of time for parking or standing
in the space or area.
	SECTION 3.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.