HBA-MPA C.S.H.B. 522 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 522
By: McReynolds
Transportation
4/30/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Currently, Texas law provides for the issuance of disabled parking placards
to an individual who meets the requirements of Section 502.253,
Transportation Code (Persons With Disabilities). Institutions and
facilities such as continuing care facilities, convalescent homes,
retirement communities, nursing homes, and personal care facilities are
required to obtain a placard for each individual they transport.  This
requires the institution to submit a renewal form annually for each of the
patients/residents who qualifies.  This process can be a burden on the
disabled Texan and the facility.  Furthermore, the institutions must ensure
that the placards in their vehicles match the passengers they are
transporting.  C.S.H.B. 522 eases the burden on disabled individuals and
the institutions that care for them by providing for the issuance of
specialty license plates for vehicles used for the purpose of transporting
individuals with disabilities.   

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 Subchapter F, Chapter 502, Transportation Code, by
adding Section 502.2531, as follows: 

Sec. 502.2531.  ISSUANCE OF DISABLED PLATES TO CERTAIN INSTITUTIONS.
Requires the Texas Department of Transportation (TxDOT) to provide for the
issuance of specially designed license plates for a van or bus owned by an
institution, facility, or residential retirement community including an
institution licensed as a convalescent or nursing home, continuing care
facility, or personal care facility, where one or more persons with a
disability as described in Section 502.253(b), Transportation Code,
resides.  Provides that the applicant use a form provided by TxDOT,
submitted to the assessor-collector of the county in which the facility is
located, and accompanied by the regular vehicle registration fee and a
written statement signed by the administrator or manager, certifying that
the institution, facility, or residential retirement community regularly
transports persons with the described disabilities.  Requires TxDOT to
determine eligibility of the institution,  facility, or residential
retirement community on the evidence the applicant provides. 

SECTION 2.  Amends Chapter 681, Transportation Code, by adding Section
681.0032, as follows: 

Sec. 681.0032. ISSUANCE OF DISABLED PARKING PLACARDS TO CERTAIN
INSTITUTIONS.  Requires TxDOT to provide for the issuance of a disabled
parking placard for a van or bus owned by an institution, facility, or
residential retirement community including an institution licensed as a
convalescent or nursing home, continuing care facility, or personal care
facility, where one or more persons with a disability as described in
Section 502.253(b), Transportation Code, resides.  Provides that the
applicant use a form provided by TxDOT, submitted to the assessor-collector
of the county in which the facility is located, and accompanied by a $5 fee
and a written statement signed by the administrator or manager certifying
that the institution, facility, or residential retirement community
regularly transports persons with the described disabilities.  Requires
TxDOT to determine eligibility on the evidence the applicant provides. 
 SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 522 differs from the original in both SECTIONS 1 and 2 (proposed
Sections 502.2531 and 681.0032, Transportation Code, respectively) by
adding reference to a "residential retirement community for the elderly" or
simply "retirement community" to the enumerated types of entities which may
be provided with disabled parking placards under this Act.