| |
| |
| |
|
|
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. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3095 was passed by the House on May 8, |
|
|
2009, by the following vote: Yeas 134, Nays 0, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 3095 on May 29, 2009, by the following vote: Yeas 141, Nays 0, |
|
|
1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 3095 was passed by the Senate, with |
|
|
amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |