HBA-MPA, PDH H.B. 1032 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1032
By: Pitts
Transportation
4/18/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, many people abuse the parking privilege given to people 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.  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. 

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 Sections 681.002(b) and (d), Transportation Code, 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. 

(d)  Includes among the current specifications for a placard a color
photograph of the entire face of the person with a disability to whom or on
whose behalf the placard is issued.  Creates subdivision from existing
text.  Makes nonsubstantive changes. 

SECTION 2.  Amends Sections 681.003(b) and (c), Transportation Code, as
follows:  

(b)  Provides that an application for a placard must be accompanied by  a
recent color photograph of the entire face of the applicant.  Provides an
application fee of $15, rather than $5.  Redesignates existing Subdivisions
(2) - (3) to Subdivisions (3) - (4). 

(c)  Provides that the statement or prescription from a licensed physician
must include enough information to enable the Department of Transportation
(department) to determine the type of placard for which the applicant is
eligible. 

SECTION 3.  Amends Section 681.006(a), Transportation Code, to make this
section subject to Section 681.009(e), Transportation Code.  Makes a
nonsubstantive change. 

SECTION 4.  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.  Provides that these spaces must
be the spaces located closest to the entrance accessible to a person with a
disability.  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. 

SECTION 5.  Amends Sections 681.011(b) and (g) - (k), Transportation Code,
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.
Creates subdivision from existing text.  Redesignates existing Subdivisions
(1) - (2) to Paragraphs (A) - (B) 

(g)  Increases the range of fines under this subsection from not less than
$100 or more than  $200 to not less than $200 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. 

SECTION 6.Repealer: Section 681.011(1), Transportation Code (Offenses;
Presumption), which prohibits a person convicted of an offense under this
section from being required to perform more than 100 hours of community
service. 

SECTION 7.Makes application of Sections 1 and 2 of this Act prospective.

SECTION 8.Effective date: September 1, 1999.

SECTION 9.Emergency clause.