Bill Text: TX SB904 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the offense of the unauthorized use of parking designated for persons with disabilities.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB904 Detail]
Download: Texas-2023-SB904-Comm_Sub.html
Bill Title: Relating to the offense of the unauthorized use of parking designated for persons with disabilities.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB904 Detail]
Download: Texas-2023-SB904-Comm_Sub.html
By: Springer | S.B. No. 904 | |
(In the Senate - Filed February 14, 2023; March 3, 2023, | ||
read first time and referred to Committee on Transportation; | ||
March 15, 2023, reported favorably by the following vote: Yeas 8, | ||
Nays 0; March 15, 2023, sent to printer.) | ||
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relating to presumption for an offense to accessible parking. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 681.011, Transportation Code, is amended | ||
to read as follows: | ||
(a) A person commits an offense if: | ||
(1) the person stands a vehicle on which are displayed | ||
license plates issued under Section 504.201 or 504.202(b-1) or a | ||
disabled parking placard in a parking space or area designated | ||
specifically for persons with disabilities by: deliver to the | ||
attorney general all pertinent documents and information in the | ||
secretary's possession. | ||
(A) a political subdivision; or | ||
(B) a person who owns or controls private | ||
property used for parking as to which a political subdivision has | ||
provided for the application of this section under Subsection (f); | ||
and | ||
(2) the standing of the vehicle in that parking space | ||
or area is not authorized by Section 681.006, 681.007, or 681.008. | ||
(b) A person commits an offense if the person stands a | ||
vehicle on which license plates issued under Section 504.201 or | ||
504.202(b-1) are not displayed and a disabled parking placard is | ||
not displayed in a parking space or area designated specifically | ||
for individuals with disabilities by: | ||
(1) a political subdivision; or | ||
(2) a person who owns or controls private property | ||
used for parking as to which a political subdivision has provided | ||
for the application of this section under Subsection (f). | ||
(c) A person commits an offense if the person stands a | ||
vehicle so that the vehicle blocks an architectural improvement | ||
designed to aid persons with disabilities, including an access | ||
aisle or curb ramp. | ||
(d) A person commits an offense if the person lends a | ||
disabled parking placard issued to the person to a person who uses | ||
the placard in violation of this section. | ||
(e) In a prosecution under this section, it is presumed that | ||
the registered owner of the motor vehicle is the person who left the | ||
vehicle standing at the time and place the offense occurred. | ||
(f) A political subdivision may provide that this section | ||
applies to a parking space or area for persons with disabilities on | ||
private property that is designated in compliance with the | ||
identification requirements referred to in Section 681.009(b). The | ||
violation may not be dismissed for failure of the marking on the | ||
parking space to comply with Texas law if the space is in general | ||
compliance and is clearly distinguishable as a designated | ||
accessible parking space for people who have disabilities. Only a | ||
warning may be issued for unlawfully parking in a space designated | ||
for persons with disabilities if there is no above-grade sign as | ||
provided by law. | ||
(g) Except as provided by Subsections (h)-(k), an offense | ||
under this section is a misdemeanor punishable by a fine of not less | ||
than $500 or more than $750. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. | ||
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