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A BILL TO BE ENTITLED
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AN ACT
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relating to certification of a person as eligible for disabled |
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parking privileges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 681.001(5), Transportation Code, is |
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amended to read as follows: |
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(5) "Mobility problem that substantially impairs a |
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person's ability to ambulate" means that the person: |
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(A) cannot walk 200 feet without stopping to |
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rest; |
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(B) cannot walk without the use of or assistance |
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from an assistance device, including a brace, a cane, a crutch, |
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another person, or a prosthetic device; |
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(C) cannot ambulate without a wheelchair or |
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similar device; |
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(D) is restricted by lung disease to the extent |
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that the person's forced respiratory expiratory volume for one |
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second, measured by spirometry, is less than one liter, or the |
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arterial oxygen tension is less than 60 millimeters of mercury on |
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room air at rest; |
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(E) uses portable oxygen; |
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(F) has a cardiac condition to the extent that |
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the person's functional limitations are classified in severity as |
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Class III or Class IV according to standards set by the American |
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Heart Association; |
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(G) is severely limited in the ability to walk |
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because of an arthritic, neurological, or orthopedic condition; |
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(H) has a disorder of the foot that, in the |
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opinion of a person licensed to practice podiatry in this state or |
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in a state adjacent to this state, limits or impairs the person's |
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ability to walk; or |
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(I) has another debilitating condition that |
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limits or impairs the person's ability to walk, in the opinion of: |
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(i) a physician licensed to practice |
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medicine in this state or a state adjacent to this state, or |
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authorized by applicable law to practice medicine in a hospital or |
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other health facility of the Veterans Administration; or |
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(ii) a physician assistant licensed to |
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practice in this state acting as the agent of a licensed physician |
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under Section 204.202(e), Occupations Code[, limits or impairs the
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person's ability to walk]. |
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SECTION 2. Section 681.003(c), Transportation Code, is |
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amended to read as follows: |
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(c) Subject to Subsection (e), the first application must be |
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accompanied by a notarized written statement or written |
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prescription of a physician licensed to practice medicine in this |
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state or a state adjacent to this state[,] or authorized by |
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applicable law to practice medicine in a hospital or other health |
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facility of the Veterans Administration or a physician assistant |
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licensed to practice in this state acting as the agent of a licensed |
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physician under Section 204.202(e), Occupations Code, certifying |
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and providing evidence acceptable to the department that the person |
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making the application or on whose behalf the application is made is |
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legally blind or has a mobility problem that substantially impairs |
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the person's ability to ambulate. The statement or prescription |
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must include a certification of whether the disability is temporary |
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or permanent and information acceptable to the department to |
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determine the type of disabled parking placard for which the |
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applicant is eligible. The department shall determine a person's |
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eligibility based on evidence provided by the applicant |
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establishing legal blindness or mobility impairment. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |