HBA-MPM, MPA, PDH H.B. 1032 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1032 By: Pitts Transportation 8/12/1999 Enrolled BACKGROUND AND PURPOSE Some able-bodied persons abuse the parking privilege given to those with disabilities. H.B. 1032 increases the fine paid by disabled parking offenders, and mandates community service for multiple offenders, beginning with the third offense. This bill requires the size of the expiration date on the placard to be visibly increased to ease the identification of invalid placards and requires a hole-punch system indicating month and year. This bill also distinguishes between permanent mobility disabilities and other types of permanent or temporary disabilities, and calls for two different types of placards to be issued for these groups. Additionally, corresponding parking spaces must be provided, to ensure that those with the most limiting disabilities are able to park in the primary spaces at a venue, and provides property owners time in which to comply. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 681.002, Transportation Code, by amending Subsection (b) and adding Subsection (e), as follows: (b) Provides the specifications for the disabled parking placard (placard) for a person with a mobility disability and a person with any other permanent or temporary disability. Makes nonsubstantive changes. (e) Provides that, in addition to the expiration date included on a disabled parking placard under Subsection (b), the expiration date must be indicated on the placard by a month and year hole-punch system. SECTION 2. Amends Section 681.003(c), Transportation Code, as follows: (c) Provides that the statement or prescription from a licensed physician must include enough information to enable the Texas Department of Transportation (department) to determine the type of placard for which the applicant is eligible. SECTION 3. Amends Section 681.006, Transportation Code, to make this section subject to Section 681.009(e) (Designation of Parking Spaces by Political Subdivision or Private Property Owner), Transportation Code. Removes the criteria that a vehicle's owner be exempt from the payment of certain fees and penalties imposed by a governmental unit for parking in a parking garage or lot, or in a space with a limitation on the length of time for parking. Authorizes a governmental unit to provide by ordinance or order that the exemption for disabled persons applies to payment of a fee or penalty imposed by the unit for parking in a parking garage or lot or in a space with a limitation on the length of time for parking. Removes the requirement that nothing in this code be interpreted as exempting any owner or operator of a vehicle from payment of fees or penalties imposed by a governmental unit for parking at a meter, in a parking garage or lot, or in a space located within the boundaries of a municipal airport. Makes a conforming change. SECTION 4. Amends Section 681.008, Transportation Code, to authorize a governmental unit to provide by ordinance or order that the exemption provided in this section for certain veterans applies to payment of a fee or penalty imposed by the unit for parking in a parking garage or lot or in a space with a limitation on the length of time for parking. Makes conforming and nonsubstantive changes. SECTION 5. Amends Section 681.009, Transportation Code, by adding Subsection (e), to require a private property owner or a private person who controls property used for parking and who designates one or more uncovered parking spaces for the exclusive use of a vehicle transporting a person with a disability to assign at least half of those spaces for the exclusive use of a person with mobility disability, except 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 a person with a mobility disability. Requires van-accessible parking spaces to be counted as assigned spaces under this section. Provides that these spaces must be located closest to an accessible route to an entrance accessible to a disabled person. Provides that the remaining designated parking spaces may be used by a person with a mobility disability, a person with any other permanent or temporary disability, or a person issued a license plate under Section 502.253 (Persons with Disabilities), Transportation Code. Makes this subsection applicable to property used for parking that serves a building or other facility that state law requires to be accessible to disabled persons and for which construction or an alteration of the building or other facility is completed on or after September 1, 1999. SECTION 6. Amends Section 681.011, Transportation Code, by amending Subsections (b) and (g)(k) and adding Subsection (m), as follows: (b) Makes it an offense for a vehicle displaying anything other than a mobility disability placard to park in a space designated under Section 681.009(e) for the exclusive use of a person with a mobility disability. (g) Increases the range of fines under this subsection from not less than $100 or more than $200 to not less than $250 or more than $500. (h) Increases the range of fines under this subsection from not less than $200 or more than $300 to not less than $300 or more than $600. (i) Increases the punishment for an offense under this subsection from not less than $300 or more than $400 to not less than $300 or more than $600. Includes not less than 10 or more than 20 hours of community service in the authorized punishment. (j) Increases the punishment for an offense under this subsection from not less than $400 or more than $500 to not less than $500 or more than $1,000. Includes not less than 20 or more than 50 hours of community service in the authorized punishment. (k) Increases the punishment for an offense under this subsection from $500 to $1,000 and 50 hours of community service. (m) Provides that a person commits an offense if the person parks a vehicle displaying license plates issued under Section 502.253, Transportation Code, or a disabled parking placard in a parking space or area for which this chapter creates an exemption from payment of a fee or penalty imposed by a governmental unit; does not have a disability; is not transporting a disabled person; and does not pay any applicable fee related to parking in the space or area by a governmental unit or exceeds a limitation on the length of time for parking in the space or area. SECTION 7.Repealer: Section 681.011(1) (Offenses; Presumption), Transportation Code, which prohibits a person convicted of an offense under this section from being required to perform more than 100 hours of community service. SECTION 8.Makes application of Sections 1 and 2 of this Act prospective. SECTION 9.Exempts the owner of a vehicle, on or after the effective date of this Act, from a parking fee or penalty under Section 681.006(e) or 681.008(b), Transportation Code, as added by this Act, only if the exemption if provided for by an ordinance adopted or order issued under those sections. SECTION 10.Effective date: September 1, 1999. SECTION 11. Emergency clause.