By: Harless H.B. No. 3095 COMMITTEE SUBSTITUTE FOR H.B. No. 3095By: Watson By: Watson

(In the Senate - Received from the House May 11, 2009; May 11, 2009, read first time and referred to Committee on Transportation and Homeland Security; May 23, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; May 23, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the use of a parking space or area designated specifically for persons with disabilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 681.002(b), Transportation Code, is amended to read as follows:

(b) A disabled parking placard must be two-sided and hooked and include on each side:

(1) the international symbol of access, which must be at least three inches in height, be centered on the placard, and be:

(A) white on a blue shield for a placard issued to a person with a permanent [mobility] disability [described by Section 681.001(5)(B) or (C)]; or

(B) white on a red shield for a placard issued to a person with a [any other permanent or] temporary disability;

(2) an identification number;

(3) an expiration date at least three inches in height; and

(4) the seal or other identification of the department.

SECTION 2. Section 681.003(b), Transportation Code, is amended to read as follows:

(b) An application for a disabled parking placard must be:

(1) on a form furnished by the department;

(2) submitted to the county assessor-collector of the county in which the person with the disability resides; and

(3) accompanied by a fee of $5 if the application is for a temporary placard.

SECTION 3. Section 681.009(e), Transportation Code, is amended to read as follows:

(e) Parking [A private property owner or private person who controls property used for parking and who designates one or more uncovered parking] spaces or areas designated for the exclusive use of vehicles transporting persons with disabilities may be used by [shall assign at least half of those spaces for the exclusive use of] vehicles displaying a white on blue shield disabled parking placard, [or] license plates issued under Section 504.201 or 504.202, or [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 or license plates issued under Section 504.202. 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[, license plates issued under Section 504.201, or license plates issued under Section 504.202. 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(b), (g), (h), (i), (j), and (k), Transportation Code, are amended to read as follows:

(b) A person commits an offense if the person[:

[(1)] stands a vehicle on which license plates issued under Section 504.201 or 504.202 are not displayed and a disabled parking placard is not displayed in a parking space or area designated specifically for individuals with disabilities by:

(1) [(A)] a political subdivision; or

(2) [(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 504.201 in a space designated under Section 681.009(e) for the exclusive use of vehicles displaying a white on blue shield disabled parking placard or license plates issued under Section 504.202].

(g) Except as provided by Subsections (h)-(k), an offense under this section is a misdemeanor punishable by a fine of not less than $500 [$250] or more than $750 [$500].

(h) If it is shown on the trial of an offense under this section that the person has been previously convicted one time of an offense under this section, the offense is punishable by:

(1) a fine of not less than $550 [$300] or more than $800; and

(2) 10 hours of community service [$600].

(i) If it is shown on the trial of an offense under this section that the person has been previously convicted two times of an offense under this section, the offense is punishable by:

(1) a fine of not less than $550 [$300] or more than $800 [$600]; and

(2) not less than 20 [10] or more than 30 [20] hours of community service.

(j) If it is shown on the trial of an offense under this section that the person has been previously convicted three times of an offense under this section, the offense is punishable by:

(1) a fine of not less than $800 [$500] or more than $1,100 [$1,000]; and

(2) [not less than 20 or more than] 50 hours of community service.

(k) If it is shown on the trial of an offense under this section that the person has been previously convicted four times of an offense under this section, the offense is punishable by a fine of $1,250 [$1,000] and 50 hours of community service.

SECTION 5. A disabled parking placard issued before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 6. (a) The change in law made by this Act applies only to an offense committed on or after September 1, 2009.

(b) An offense committed before September 1, 2009, is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For the purposes of this subsection, an offense was committed before September 1, 2009, if any element of the offense was committed before that date.

SECTION 7. This Act takes effect September 1, 2009.

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