HBA-MPA, PDH C.S.H.B. 1032 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1032 By: Pitts Transportation 4/22/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, some people abuse the parking privilege given to people with disabilities. C.S.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 Sections 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 Sections 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 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.Provides that a property owner or private person who controls property used for parking is required to comply with Section 681.009(e), as added by this Act, only on and after September 1, 2000. SECTION 9.Effective date: September 1, 1999. SECTION 10. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1032 does not address in SECTION 1 the proposed amendment in the original to Section 681.002(d) calling for a color photograph on the mobility disability placard. C.S.H.B. 1032 differs from the original bill in SECTION 1 by adding proposed Subsection (e), as follows: (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. C.S.H.B. 1032 does not address in SECTION 2 the proposed amendment in the original to Section 681.003(b) requiring an application for a mobility disability placard to be accompanied by a color photograph, and raising the application fee from $5 to $15. C.S.H.B. 1032 differs from the original bill by adding SECTION 8 providing that a property owner or private person who controls property used for parking is required to comply with Section 681.009(e), as added by this Act, only on and after September 1, 2000. Redesignates SECTIONS 8 (effective date)and 9 (emergency clause) in the original bill as SECTIONS 9 and 10.