BILL ANALYSIS

 

 

 

C.S.H.B. 3064

By: King, Phil

Transportation

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Many people believe that fraudulent use and issuance of parking placards is an ongoing problem in Texas.  C.S.H.B. 3064 seeks to direct the Governor's Committee on People with Disabilities to study the improper use of disabled parking spaces, with an emphasis on improper use at large buildings and facilities, including stadiums and performing arts centers.  The bill also seeks to address the unprofessional conduct of health care providers who knowingly make false statements in conjunction with the issuance of disabled parking placards and stiffens penalties against those who abuse disabled parking spaces.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Medical Board in SECTION 2 of this bill.

 

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Board of Chiropractic Examiners in SECTION 3 of this bill.

 

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Physician Assistant Board in SECTION 4 of this bill.

 

ANALYSIS

 

C.S.H.B. 3064 amends the Occupations Code to specify that a health care provider commits unprofessional conduct if the provider, in connection with the provider's professional activities, knowingly makes a false or misleading statement in a notarized written statement to certify a person's eligibility to obtain a disabled parking placard for a person who is ineligible for the placard under provisions of law.

 

C.S.H.B. 3064 requires continuing education requirements adopted by rule by the Texas Medical Board, Texas Board of Chiropractic Examiners, and Texas Physician Assistant Board, respectively, to require a licensed physician, chiropractor, or physician assistant to complete at least one hour of continuing medical education on the issuance of a disabled parking placard, including information concerning the requirements of provisions of law relating to a parking placard application.  The bill specifies that its provisions relating to continuing education for a chiropractor take effect only if H.B. 1683, Acts of the 82nd Legislature, Regular Session, 2011, or another act of the 82nd Legislature, Regular Session, 2011, permitting a chiropractor to prescribe a disabled parking placard under law is enacted and becomes law. 

 

C.S.H.B. 3064 amends the Transportation Code to make a person who violates provisions of law relating to improper use of a parking space or area for persons with disabilities liable for a civil penalty, not to exceed $750, to the political subdivision that designated the parking space or area specifically for persons with disabilities, or that provided that such provisions of law apply to a parking space or area on private property.

 

C.S.H.B. 3064 reenacts and amends Sections 681.011(h), (i), and (j), Transportation Code, as amended by Chapters 1160 (H.B. 3095) and 1336 (S.B. 52), Acts of the 81st Legislature, Regular Session, 2009, and further amends the Transportation Code to increase from $500 to $750 the minimum fine and from $800 to $1,000 the maximum fine for a second conviction of an offense relating to privileged parking for persons with disabilities, to increase from $550 to $1,000 the minimum fine and from $800 to $1,250 the maximum fine for a third conviction of an offense relating to privileged parking for persons with disabilities, to increase from $800 to $1,250 the minimum fine and from $1,100 to $1,500 the maximum fine for a fourth conviction of an offense relating to privileged parking for persons with disabilities, and to increase from $1,250 to $1,500 the fine for a fifth conviction of an offense relating to privileged parking for persons with disabilities, respectively.

 

C.S.H.B. 3064 requires the Governor's Committee on People with Disabilities to conduct a study to examine the improper use of disabled parking spaces, with an emphasis on improper use at large buildings and facilities, including stadiums and performing arts centers. The bill requires the committee, not later than December 31, 2012, to submit a written report containing the findings of the study together with the committee's recommendation to the legislature and the Texas Department of Licensing and Regulation.  The bill makes conforming changes.

 

EFFECTIVE DATE

 

Except as otherwise provided, September 1, 2011.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

C.S.H.B. 3064 omits provisions included in the original relating to the inspection of disabled parking placards of persons parking vehicles at certain buildings and facilities.

 

C.S.H.B. 3064 contains provisions not included in the original relating to continuing education on the issuance of a disabled parking placard for a physician, chiropractor, and physician assistant.  The substitute contains a provision not included in the original that makes the provision relating to continuing education for chiropractors effective on the passage of other legislation.  The substitute differs from the original by making a conforming change in the effective date provision of the bill.

 

C.S.H.B. 3064 contains a provision not included in the original relating to a civil penalty for improper use of a parking space or area for persons with disabilities.

 

C.S.H.B. 3064 contains provisions not included in the original relating to a study and report by the Governor's Committee on People with Disabilities on the improper use of disabled parking spaces.