Bill Text: TX HB3064 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to preventing the fraudulent issuance and use of disabled parking placards; providing a civil penalty.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2011-05-20 - Left pending in committee [HB3064 Detail]
Download: Texas-2011-HB3064-Introduced.html
Bill Title: Relating to preventing the fraudulent issuance and use of disabled parking placards; providing a civil penalty.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2011-05-20 - Left pending in committee [HB3064 Detail]
Download: Texas-2011-HB3064-Introduced.html
82R10425 AJZ-D | ||
By: King of Parker | H.B. No. 3064 |
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relating to preventing the fraudulent issuance and use of disabled | ||
parking placards. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 469.052, Government Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) The commission by rule shall require the owner of a | ||
building or facility described by Section 469.003(a) to designate a | ||
person to: | ||
(1) inspect the disabled parking placard issued under | ||
Section 681.004, Transportation Code, of each person who stands a | ||
vehicle, as described by Section 681.001, Transportation Code, in a | ||
parking space or area designated specifically for persons with | ||
disabilities at the building or facility to ensure that the placard | ||
contains the first four digits of the driver's license number or | ||
personal identification certificate number and the initials of: | ||
(A) the person operating the vehicle; or | ||
(B) a person being transported by the vehicle; | ||
and | ||
(2) if the building or facility is required to have van | ||
accessible parking spaces under 28 C.F.R. Part 36, limit the use of | ||
van accessible parking spaces to persons who must use a wheelchair, | ||
unless no other parking spaces or areas designated specifically for | ||
persons with disabilities are available. | ||
SECTION 2. Section 105.002(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) A health care provider commits unprofessional conduct | ||
if the health care provider, in connection with the provider's | ||
professional activities: | ||
(1) knowingly presents or causes to be presented a | ||
false or fraudulent claim for the payment of a loss under an | ||
insurance policy; | ||
(2) knowingly prepares, makes, or subscribes to any | ||
writing, with intent to present or use the writing, or to allow it | ||
to be presented or used, in support of a false or fraudulent claim | ||
under an insurance policy; [ |
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(3) knowingly directs or requires a patient to obtain | ||
health care goods or services from a niche hospital in which the | ||
health care provider or an immediate family member of the provider | ||
has a financial interest, unless the provider: | ||
(A) discloses to the patient, in writing, that | ||
the provider or the provider's family member has a financial | ||
interest in the niche hospital; and | ||
(B) informs the patient that the patient has the | ||
option of using an alternative health care facility; or | ||
(4) knowingly makes a false or misleading statement in | ||
a notarized written statement to certify a person's eligibility to | ||
obtain a disabled parking placard for a person who is ineligible for | ||
the placard under Section 681.003, Transportation Code. | ||
SECTION 3. Section 681.011(h), Transportation Code, as | ||
amended by Chapters 1160 (H.B. 3095) and 1336 (S.B. 52), Acts of the | ||
81st Legislature, Regular Session, 2009, is reenacted and amended | ||
to read as follows: | ||
(h) If it is shown on the trial of an offense under this | ||
section that the person has been previously convicted one time of an | ||
offense under this section, the offense is punishable by: | ||
(1) a fine of not less than $750 [ |
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$1,000 [ |
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(2) 10 hours of community service. | ||
SECTION 4. Section 681.011(i), Transportation Code, as | ||
amended by Chapters 1160 (H.B. 3095) and 1336 (S.B. 52), Acts of the | ||
81st Legislature, Regular Session, 2009, is reenacted and amended | ||
to read as follows: | ||
(i) If it is shown on the trial of an offense under this | ||
section that the person has been previously convicted two times of | ||
an offense under this section, the offense is punishable by: | ||
(1) a fine of not less than $1,000 [ |
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$1,250 [ |
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(2) not less than 20 or more than 30 hours of community | ||
service. | ||
SECTION 5. Section 681.011(j), Transportation Code, as | ||
amended by Chapters 1160 (H.B. 3095) and 1336 (S.B. 52), Acts of the | ||
81st Legislature, Regular Session, 2009, is reenacted and amended | ||
to read as follows: | ||
(j) If it is shown on the trial of an offense under this | ||
section that the person has been previously convicted three times | ||
of an offense under this section, the offense is punishable by: | ||
(1) a fine of not less than $1,250 [ |
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$1,500 [ |
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(2) 50 hours of community service. | ||
SECTION 6. Section 681.011(k), Transportation Code, is | ||
amended to read as follows: | ||
(k) If it is shown on the trial of an offense under this | ||
section that the person has been previously convicted four times of | ||
an offense under this section, the offense is punishable by a fine | ||
of $1,500 [ |
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SECTION 7. The change in law made by this Act to Section | ||
105.002, Occupations Code, applies to a violation that occurs on or | ||
after the effective date of this Act. A violation that occurs | ||
before the effective date of this Act is governed by the law in | ||
effect on the date of the violation, and the former law is continued | ||
in effect for that purpose. | ||
SECTION 8. The change in law made by this Act to Section | ||
681.011, Transportation Code, applies only to an offense committed | ||
on or after the effective date of this Act. An offense committed | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the offense was committed, and the former law is | ||
continued in effect for that purpose. For purposes of this section, | ||
an offense was committed before the effective date of this Act if | ||
any element of the offense occurred before that date. | ||
SECTION 9. This Act takes effect September 1, 2011. |