79R7202 JRJ-D

By:  Noriega                                                      H.B. No. 3161



A BILL TO BE ENTITLED

AN ACT

relating to the designation of a parking space for a person with 
disabilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 681.009(b) and (c), Transportation 
Code, are amended to read as follows:
	(b)  A political subdivision or a person who owns or controls 
private 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].
	SECTION 2.  Sections 681.011(a), (b), and (f), 
Transportation Code, are 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 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 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 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)  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.
	(f)  This [A political subdivision may provide that this] 
section applies to a parking space or area for persons with 
disabilities [on private property] that is clearly identifiable as 
a parking space for persons with disabilities regardless of whether 
the parking space is designated in compliance with the 
identification requirements referred to in Section 681.009(b).
	SECTION 3.  This Act takes effect September 1, 2005.