HBA-MSH H.B. 1933 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1933
By: Elkins
Transportation
4/19/2001
Introduced



BACKGROUND AND PURPOSE 

The federal Americans with Disabilities Act requires at least one
van-accessible parking space in a parking lot for use by a person with a
disability.  A van-accessible space is required to be eight feet wide and
have an additional eight foot wide access aisle.  Under current law, it is
an offense to park in a space designated for a person with a disability
without displaying the proper license plate or parking placard.  However,
it is not an offense to block the access aisle of a van-accessible space
and peace officers are not authorized to tow vehicles that block access.
Some store managers are reluctant to have vehicles of their customers
towed.  House Bill 1933 provides an offense for blocking an access aisle
and authorizes specified persons to have such a vehicle towed. 

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. 

ANALYSIS

House Bill 1933 amends the Transportation Code to provide that a person who
parks a vehicle in such a way as to prevent a person with a disability from
entering or exiting a vehicle parked in a van-accessible parking space
commits an offense.  The bill authorizes a peace officer, a person
designated by a political subdivision to enforce parking regulations, or a
security officer employed by the owner of private property to authorize the
towing and storage of a vehicle parked in such a manner by a towing
company. 

EFFECTIVE DATE

September 1, 2001.