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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of disabled parking placards to elderly |
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persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 681.001, Transportation Code, is amended |
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by adding Subdivision (3-a) to read as follows: |
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(3-a) "Elderly person" means a person 75 years of age |
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or older. |
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SECTION 2. Section 681.002(b), Transportation Code, is |
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amended to read as follows: |
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(b) A disabled parking placard must be two-sided and hooked |
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and include on each side: |
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(1) the international symbol of access, which must be |
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at least three inches in height, be centered on the placard, and be: |
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(A) white on a blue shield for a placard issued to |
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a person with a permanent disability or an elderly person; or |
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(B) white on a red shield for a placard issued to |
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a person with a temporary disability; |
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(2) an identification number; |
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(3) an expiration date at least three inches in |
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height; and |
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(4) the seal or other identification of the |
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department. |
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SECTION 3. Section 681.003, Transportation Code, is amended |
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by amending Subsections (a), (b), and (c) and adding Subsection |
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(c-1) to read as follows: |
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(a) An owner of a motor vehicle regularly operated by or for |
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the transportation of a person with a disability or an elderly |
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person may apply for a disabled parking placard. |
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(b) An application for a disabled parking placard must be: |
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(1) on a form furnished by the department; |
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(2) submitted to the county assessor-collector of the |
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county in which the person with the disability resides; and |
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(3) accompanied by a fee of $5 if the application is |
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for a temporary placard or a placard issued under Section 681.0033. |
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(c) Except as provided by Subsection (c-1) and subject |
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[Subject] to Subsections (e) and (f), 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 applicable |
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law to practice medicine in a hospital or other health facility of |
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the United States Department of Veterans Affairs, certifying and |
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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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(c-1) Subsection (c) does not apply to the first application |
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for a disabled parking placard under Section 681.0033. |
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SECTION 4. Chapter 681, Transportation Code, is amended by |
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adding Section 681.0033 to read as follows: |
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Sec. 681.0033. ISSUANCE OF DISABLED PARKING PLACARDS TO |
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ELDERLY PERSONS. (a) The department shall provide for the issuance |
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of disabled parking placards described by Section 681.002 to |
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elderly persons. |
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(b) The application for a disabled parking placard must be |
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made in the manner provided by Section 681.003(b). The department |
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shall adopt rules regarding the application forms for the placard |
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and the documentation required to demonstrate the applicant's age. |
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SECTION 5. Sections 681.004(b) and (c), Transportation |
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Code, are amended to read as follows: |
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(b) A person with a temporary disability or an elderly |
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person may receive two disabled parking placards. |
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(c) A disabled parking placard issued to a person with a |
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permanent disability or an elderly person is valid for a period of |
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four years and shall be replaced or renewed on request of the person |
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to whom the initial card was issued without presentation of |
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evidence of eligibility. |
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SECTION 6. Sections 681.006(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) Subject to Section 681.009(e), a vehicle may be parked |
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for an unlimited period in a parking space or area that is |
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designated specifically for persons with physical disabilities if: |
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(1) the vehicle is being operated by or for the |
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transportation of a person with a disability or an elderly person; |
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and |
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(2) there are: |
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(A) displayed on the vehicle special license |
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plates issued under Section 504.201; or |
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(B) placed on the rearview mirror of the |
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vehicle's front windshield a disabled parking placard. |
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(b) The owner of a vehicle is exempt from the payment of a |
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fee or penalty imposed by a governmental unit for parking at a meter |
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if: |
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(1) the vehicle is being operated by or for the |
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transportation of a person with a disability or an elderly person; |
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and |
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(2) there are: |
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(A) displayed on the vehicle special license |
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plates issued under Section 504.201; or |
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(B) placed on the rearview mirror of the |
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vehicle's front windshield a disabled parking placard. |
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SECTION 7. Sections 681.009(a), (c), and (e), |
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Transportation Code, are amended to read as follows: |
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(a) A political subdivision or a person who owns or controls |
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property used for parking may designate one or more parking spaces |
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or a parking area for the exclusive use of vehicles transporting |
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persons with disabilities or elderly persons. |
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(c) A political subdivision may require a private property |
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owner or a person who controls property used for parking: |
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(1) to designate one or more parking spaces or a |
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parking area for the exclusive use of vehicles transporting persons |
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with disabilities or elderly persons; or |
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(2) to conform to the standards and specifications |
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referred to in Subsection (b) when designating a parking space or |
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area for persons with disabilities. |
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(e) Parking spaces or areas designated for the exclusive use |
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of vehicles transporting persons with disabilities or elderly |
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persons may be used by vehicles displaying a white on blue shield |
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disabled parking placard, license plates issued under Section |
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504.201 or 504.202, or a white on red shield disabled parking |
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placard. |
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SECTION 8. Sections 681.011(a), (b), (f), and (l), |
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Transportation Code, are amended to read as follows: |
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(a) A person commits an offense if: |
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(1) the person stands a vehicle on which are displayed |
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license plates issued under Section 504.201 or 504.202 or a |
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disabled parking placard in a parking space or area designated |
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specifically for persons with disabilities or elderly persons by: |
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(A) a political subdivision; or |
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(B) a person who owns or controls private |
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property used for parking as to which a political subdivision has |
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provided for the application of this section under Subsection (f); |
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and |
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(2) the standing of the vehicle in that parking space |
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or area is not authorized by Section 681.006, 681.007, or 681.008. |
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(b) A person commits an offense if the person stands a |
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vehicle on which license plates issued under Section 504.201 or |
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504.202 are not displayed and a disabled parking placard is not |
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displayed in a parking space or area designated specifically for |
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individuals with disabilities or elderly persons by: |
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(1) a political subdivision; or |
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(2) a person who owns or controls private property |
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used for parking as to which a political subdivision has provided |
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for the application of this section under Subsection (f). |
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(f) A political subdivision may provide that this section |
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applies to a parking space or area for persons with disabilities or |
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elderly persons on private property that is designated in |
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compliance with the identification requirements referred to in |
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Section 681.009(b). |
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(l) A person commits an offense if the person: |
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(1) stands a vehicle on which are displayed license |
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plates issued under Section 504.201 or a disabled parking placard |
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in a parking space or area for which this chapter creates an |
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exemption from payment of a fee or penalty imposed by a governmental |
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unit; |
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(2) does not have a disability or is not an elderly |
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person; |
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(3) is not transporting a person with disability or an |
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elderly person; and |
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(4) does not pay any applicable fee related to |
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standing in the space or area imposed by a governmental unit or |
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exceeds a limitation on the length of time for standing in the space |
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or area. |
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SECTION 9. The changes in law made by this Act to Section |
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681.011, Transportation Code, apply only to an offense committed on |
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or after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 10. This Act takes effect September 1, 2011. |