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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