AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The 78th Legislature enacted the provisions of Section 681.0111 (Manufacture, Sale, Possession, or Use of Counterfeit Placard), Transportation Code, relating to the manufacture, sale, possession, or use of counterfeit disabled parking placards.

 

Under current law, only placards that are "similar" to genuine parking placards are considered counterfeit.  This subsection has a slight loophole on the issue of legally issued placards that have been altered upon expiration to give the appearance of being legal.

 

H.B. 1473 amends current law relating to creating the offense of altering a disabled parking placard.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends the heading to Section 681.0111, Transportation Code, to read as follows:

 

Sec. 681.0111.  MANUFACTURE, SALE, POSSESSION, OR USE OF COUNTERFEIT OR ALTERED PLACARD.

 

SECTION 2.  Amends Sections 681.0111(a) and (b), Transportation Code, as follows:

 

(a)  Provides that a person commits an offense if, without the Texas Department of Motor Vehicle's authorization, the person:

 

(1)  manufactures, sells, or possesses a placard that is deceptively similar to a disabled parking placard; or

 

(2)  alters a genuine disabled parking placard.

 

Makes nonsubstantive changes.

 

(b)  Provides that a person commits an offense if the person knowingly parks a vehicle displaying a counterfeit or altered placard in a parking space or area designated specifically for persons with disabilities.

 

SECTION 3.  Effective date: September 1, 2011.