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