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AN ACT
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relating to parking placard or specialty license plate applications |
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by persons with a mobility problem caused by an impairment of |
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vision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 504.201, Transportation |
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Code, is amended by adding Subdivision (3) to read as follows: |
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(3) "Practice of optometry" and "practice of |
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therapeutic optometry" have the meanings assigned by Section |
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351.002, Occupations Code. |
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SECTION 2. Section 504.201, Transportation Code, is amended |
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by amending Subsection (d) and adding Subsection (d-1) to read as |
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follows: |
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(d) Except as provided by Subsection (d-1), the [The] |
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initial application for specialty license plates under this section |
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must be accompanied by a written statement from a physician who is |
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licensed to practice medicine in this state or in a state adjacent |
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to this state or who is authorized by applicable law to practice |
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medicine in a hospital or other health facility of the Department of |
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Veterans Affairs. If the applicant has a mobility problem caused by |
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a disorder of the foot, the written statement may be issued by a |
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person licensed to practice podiatry in this state or a state |
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adjacent to this state. In this subsection, "podiatry" has the |
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meaning assigned by Section 681.001. The statement must certify |
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that the person making the application or on whose behalf the |
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application is made is legally blind or has a mobility problem that |
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substantially impairs the person's ability to ambulate. The |
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statement must also certify whether a mobility problem is temporary |
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or permanent. A written statement is not required as acceptable |
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medical proof if: |
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(1) the person with a disability: |
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(A) has had a limb, hand, or foot amputated; or |
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(B) must use a wheelchair; and |
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(2) the applicant and the county assessor-collector |
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processing the application execute an affidavit attesting to the |
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person's disability. |
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(d-1) If the initial application for specialty license |
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plates under this section is made by or on behalf of a person who is |
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legally blind, the written statement required by Subsection (d) may |
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be issued by a person licensed to engage in the practice of |
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optometry or the practice of therapeutic optometry in this state or |
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a state adjacent to this state. |
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SECTION 3. Section 681.003, Transportation Code, is amended |
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by amending Subsection (e) and adding Subsection (f) to read as |
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follows: |
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(e) If a first application for a disabled parking placard |
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under this section is made by or on behalf of a person with: |
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(1) a mobility problem caused by a disorder of the |
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foot, the notarized written statement or written prescription |
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required by Subsection (c) may be issued by a person licensed to |
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practice podiatry in this state or a state adjacent to this state; |
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or |
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(2) a disability caused by an impairment of vision as |
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provided by Section 681.001(2), the notarized written statement or |
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written prescription required by Subsection (c) may be issued by a |
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person licensed to engage in the practice of optometry or the |
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practice of therapeutic optometry in this state or a state adjacent |
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to this state. |
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(f) In this section, "practice of optometry" and "practice |
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of therapeutic optometry" have the meanings assigned by Section |
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351.002, Occupations Code. |
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SECTION 4. The changes in law made by this Act apply only to |
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an application for a disabled parking placard or disabled license |
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plates submitted on or after the effective date of this Act. An |
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application submitted before the effective date of this Act is |
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governed by the law in effect on the date the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1367 passed the Senate on |
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April 23, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1367 passed the House on |
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May 26, 2009, by the following vote: Yeas 141, Nays 2, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |