79R9731 MTB-D
By: Moreno of El Paso H.B. No. 3054
A BILL TO BE ENTITLED
AN ACT
relating to parking of a motor vehicle operated by or for the
transportation of a person with a disability; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 469, Government Code, is
amended by adding Section 469.0525 to read as follows:
Sec. 469.0525. STUDY. After the publication of a federal
census, the commission shall revise the standards, specifications,
and other rules required by this chapter relating to parking of a
motor vehicle operated by or for the transportation of a person with
a disability.
SECTION 2. Section 504.201, Transportation Code, is amended
by adding Subsection (h) to read as follows:
(h) The department by rule shall develop and implement a
two-tiered license plate system similar to the two-tiered parking
placard system in Section 681.002.
SECTION 3. Section 681.009, Transportation Code, is amended
to read as follows:
Sec. 681.009. DESIGNATION OF PARKING SPACES [BY POLITICAL
SUBDIVISION OR PRIVATE PROPERTY OWNER]. (a) This state, a [A]
political subdivision of this state, and each other [or a] person
who owns or controls property used for parking shall [may]
designate one or more parking spaces or a parking area for the
exclusive use of vehicles transporting persons with disabilities.
(b) This state, a [A] political subdivision of this state,
and each other person who owns or controls property used for parking
must designate a parking space or area by conforming to the
standards and specifications adopted by the Texas Commission of
Licensing and Regulation under Section 469.052, Government Code
[5(i), Article 9102, Revised Statutes], relating to the
identification and dimensions of parking spaces for persons with
disabilities. [A person who owns or controls private property used
for parking may designate a parking space or area without
conforming to those standards and specifications, unless required
to conform by law.]
(c) [A political subdivision may require a private property
owner or a person who controls property used for parking:
[(1) to designate one or more parking spaces or a
parking area for the exclusive use of vehicles transporting persons
with disabilities; or
[(2) to conform to the standards and specifications
referred to in Subsection (b) when designating a parking space or
area for persons with disabilities.
[(d)] The department shall provide at cost a design and
stencil for use by this state, a political subdivision of this
state, or another person who owns or controls property used for
parking to designate spaces as provided by this section.
(d) At [(e) A private property owner or private person who
controls property used for parking and who designates one or more
uncovered parking spaces for the exclusive use of vehicles
transporting persons with disabilities shall assign at] least half
of the [those] spaces designated under this section shall be
assigned for the exclusive use of vehicles displaying a white on
blue shield disabled parking placard, except that if an odd number
of spaces is designated, only the number of spaces that is the
largest whole number less than half of the number of designated
spaces must be assigned for the exclusive use of vehicles
displaying a white on blue shield placard. Van-accessible parking
spaces shall be counted as assigned spaces under this subsection.
These assigned spaces must be the spaces located closest to an
accessible route to an entrance accessible to a person with a
disability. The remaining designated parking spaces may be used by
vehicles displaying a white on blue shield disabled parking
placard, a white on red shield disabled parking placard, or white on
red shield license plates issued under Section 504.201 [502.253].
[This subsection applies only to a property used for parking that
serves a building or other facility:
[(1) that state law requires to be accessible to
person with disabilities; and
[(2) for which construction or an alteration of the
building or other facility is completed on or after September 1,
1999.]
SECTION 4. Sections 681.011(a), (b), and (m),
Transportation Code, are amended to conform to the repeal of
Sections 502.253 and 502.254 of that code and the enactment of
Sections 504.201 and 504.202 of that code by Chapter 1320, Acts of
the 78th Legislature, Regular Session, 2003, and further amended to
read as follows:
(a) A person commits an offense if:
(1) the person stands a vehicle on which are displayed
license plates issued under Section 504.201 [502.253] or 504.202
[502.254] or a disabled parking placard in a parking space or area
designated specifically for persons with disabilities, including a
parking space or area designated 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 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) stands a vehicle on which license plates issued
under Section 504.201 [502.253] or 504.202 [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, including a parking space or area designated 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) stands a vehicle displaying a white on red shield
disabled parking placard or white on red shield license plates
issued under Section 504.201 [502.253] in a space designated under
Section 681.009(d) [681.009(e)] for the exclusive use of vehicles
displaying a white on blue shield disabled parking placard or
license plate.
(l) [(m)] A person commits an offense if the person:
(1) stands a vehicle on which are displayed license
plates issued under Section 504.201 [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
standing in the space or area imposed by a governmental unit or
exceeds a limitation on the length of time for standing in the space
or area.
SECTION 5. Not later than January 1, 2007, the Texas
Commission of Licensing and Regulation shall:
(1) complete a study to determine the population in
this state of persons with disabilities; and
(2) use the results of the study to establish the
standards, specifications, and other rules required by Chapter 469,
Government Code, relating to parking of a motor vehicle operated by
or for the transportation of a person with a disability.
SECTION 6. (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) This Act applies only to a license plate for persons
with disabilities for which an application is submitted on or after
the effective date of this Act.
SECTION 7. This Act takes effect September 1, 2005.