CHAPTER 681. PRIVILEGED PARKING - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE H. PARKING, TOWING, AND STORAGE OF VEHICLES

CHAPTER 681. PRIVILEGED PARKING

Sec. 681.001. DEFINITIONS. In this chapter:

(1) "Department" means the Texas Department of Motor Vehicles.

(2) "Disability" means a condition in which a person has:

(A) mobility problems that substantially impair the person's

ability to ambulate;

(B) visual acuity of 20/200 or less in the better eye with

correcting lenses; or

(C) visual acuity of more than 20/200 but with a limited field

of vision in which the widest diameter of the visual field

subtends an angle of 20 degrees or less.

(3) "Disabled parking placard" means a placard issued under

Section 681.002.

(4) "International symbol of access" means the symbol adopted by

Rehabilitation International in 1969 at its Eleventh World

Congress on Rehabilitation of the Disabled.

(5) "Mobility problem that substantially impairs a person's

ability to ambulate" means that the person:

(A) cannot walk 200 feet without stopping to rest;

(B) cannot walk without the use of or assistance from an

assistance device, including a brace, a cane, a crutch, another

person, or a prosthetic device;

(C) cannot ambulate without a wheelchair or similar device;

(D) is restricted by lung disease to the extent that the

person's forced respiratory expiratory volume for one second,

measured by spirometry, is less than one liter, or the arterial

oxygen tension is less than 60 millimeters of mercury on room air

at rest;

(E) uses portable oxygen;

(F) has a cardiac condition to the extent that the person's

functional limitations are classified in severity as Class III or

Class IV according to standards set by the American Heart

Association;

(G) is severely limited in the ability to walk because of an

arthritic, neurological, or orthopedic condition;

(H) has a disorder of the foot that, in the opinion of a person

licensed to practice podiatry in this state or in a state

adjacent to this state, limits or impairs the person's ability to

walk; or

(I) has another debilitating condition that, in the opinion of a

physician licensed to practice medicine in this state or a state

adjacent to this state, or authorized by applicable law to

practice medicine in a hospital or other health facility of the

Veterans Administration, limits or impairs the person's ability

to walk.

(6) "Podiatry" has the meaning assigned by Section 202.001,

Occupations Code.

(7) "Stand" or "standing" means to halt an occupied or

unoccupied vehicle, other than temporarily while receiving or

discharging passengers.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.156(a), eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1172, Sec. 2, eff. June

18, 1999; Acts 2001, 77th Leg., ch. 105, Sec. 2, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 1325, Sec. 19.08(a), eff. Sept.

1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 2P.01, eff. September 1, 2009.

Sec. 681.002. DISABLED PARKING PLACARD. (a) The department

shall provide for the issuance of a disabled parking placard to a

person with a disability.

(b) A disabled parking placard must be two-sided and hooked and

include on each side:

(1) the international symbol of access, which must be at least

three inches in height, be centered on the placard, and be:

(A) white on a blue shield for a placard issued to a person with

a permanent disability; or

(B) white on a red shield for a placard issued to a person with

a temporary disability;

(2) an identification number;

(3) an expiration date at least three inches in height; and

(4) the seal or other identification of the department.

(c) The department shall furnish the disabled parking placards

to each county assessor-collector.

(d) A disabled parking placard must bear a hologram designed to

prevent the reproduction of the placard or the production of a

counterfeit placard.

(e) 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1353, Sec. 1, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 1362, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1160, Sec. 1, eff. September 1, 2009.

Sec. 681.003. PARKING PLACARD APPLICATION. (a) An owner of a

motor vehicle regularly operated by or for the transportation of

a person with a disability may apply for a disabled parking

placard.

(b) An application for a disabled parking placard must be:

(1) on a form furnished by the department;

(2) submitted to the county assessor-collector of the county in

which the person with the disability resides; and

(3) accompanied by a fee of $5 if the application is for a

temporary placard.

(c) Subject to Subsections (e) and (f), the first application

must be accompanied by a notarized written statement or written

prescription of a physician licensed to practice medicine in this

state or a state adjacent to this state, or authorized by

applicable law to practice medicine in a hospital or other health

facility of the United States Department of Veterans Affairs,

certifying and providing evidence acceptable to the department

that the person making the application or on whose behalf the

application is made is legally blind or has a mobility problem

that substantially impairs the person's ability to ambulate. The

statement or prescription must include a certification of whether

the disability is temporary or permanent and information

acceptable to the department to determine the type of disabled

parking placard for which the applicant is eligible. The

department shall determine a person's eligibility based on

evidence provided by the applicant establishing legal blindness

or mobility impairment.

(d) Information concerning the name or address of a person to

whom a disabled parking placard is issued or in whose behalf a

disabled parking placard is issued is confidential and not

subject to disclosure under Chapter 552, Government Code.

(e) If a first application for a disabled parking placard under

this section is made by or on behalf of a person with:

(1) a mobility problem caused by a disorder of the foot, the

notarized written statement or written prescription required by

Subsection (c) may be issued by a person licensed to practice

podiatry in this state or a state adjacent to this state; or

(2) a disability caused by an impairment of vision as provided

by Section 681.001(2), the notarized written statement or written

prescription required by Subsection (c) may be issued by a person

licensed to engage in the practice of optometry or the practice

of therapeutic optometry in this state or a state adjacent to

this state.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

842, Sec. 1

(f) This subsection applies only to the first application for a

disabled parking placard submitted by a person who resides in a

county with a population of 125,000 or less. The notarized

written statement or prescription may be issued by:

(1) a person acting under the delegation and supervision of a

licensed physician in conformance with Subchapter B, Chapter 157,

Occupations Code; or

(2) a physician assistant licensed to practice in this state

acting as the agent of a licensed physician under Section

204.202(e), Occupations Code.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

531, Sec. 3

(f) In this section, "practice of optometry" and "practice of

therapeutic optometry" have the meanings assigned by Section

351.002, Occupations Code.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.156(b); Acts

1997, 75th Leg., ch. 1353, Sec. 2, eff. Sept. 1, 1997; Acts 1999,

76th Leg., ch. 1172, Sec. 3, eff. June 18, 1999; Acts 1999, 76th

Leg., ch. 1362, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg.,

ch. 105, Sec. 3, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

531, Sec. 3, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

842, Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1160, Sec. 2, eff. September 1, 2009.

Sec. 681.0031. APPLICANT'S DRIVER'S LICENSE OR PERSONAL

IDENTIFICATION CARD NUMBER. (a) The applicant shall include on

the application the applicant's driver's license number or the

number of a personal identification card issued to the applicant

under Chapter 521. The department shall provide for this

information in prescribing the application form.

(b) The county assessor-collector shall record on any disabled

parking placard issued to the applicant the following information

in the following order:

(1) the county number assigned by the comptroller to the county

issuing the placard;

(2) the first four digits of the applicant's driver's license

number; and

(3) the applicant's initials.

Added by Acts 1997, 75th Leg., ch. 1353, Sec. 3, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 473, Sec. 1, eff. June

20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

231, Sec. 1, eff. September 1, 2007.

Sec. 681.0032. ISSUANCE OF DISABLED PARKING PLACARDS TO CERTAIN

INSTITUTIONS. (a) The department shall provide for the issuance

of disabled parking placards described by Section 681.002 for a

van or bus operated by an institution, facility, or residential

retirement community for the elderly in which a person described

by Section 504.201(a) resides, including an institution licensed

under Chapter 242, Health and Safety Code, and a facility

licensed under Chapter 246 or 247 of that code.

(b) The application for a disabled parking placard must be made

in the manner provided by Section 681.003(b) and be accompanied

by a written statement signed by the administrator or manager of

the institution, facility, or retirement community certifying to

the department that the institution, facility, or retirement

community regularly transports, as a part of the services that

the institution, facility, or retirement community provides, one

or more persons described by Section 504.201(a) who reside in the

institution, facility, or retirement community. The department

shall determine the eligibility of the institution, facility, or

retirement community on the evidence the applicant provides.

Added by Acts 1999, 76th Leg., ch. 513, Sec. 2, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 20.003(c), eff. September 1, 2005.

Sec. 681.004. ISSUANCE OF PARKING PLACARD; EXPIRATION. (a) A

person with a permanent disability may receive:

(1) two disabled parking placards, if the person does not

receive a set of special license plates under Section 504.201;

(2) one disabled parking placard, if the person receives a set

of special license plates under Section 504.201; or

(3) two disabled parking placards, if the person receives two

sets of special license plates under Section 504.202.

(b) A person with a temporary disability may receive two

disabled parking placards.

(c) A disabled parking placard issued to a person with a

permanent disability is valid for a period of four years and

shall be replaced or renewed on request of the person to whom the

initial card was issued without presentation of evidence of

eligibility.

(d) A disabled parking placard issued to a person with a

temporary disability expires after the period set by the

department and may be renewed at the end of that period if the

disability remains as evidenced by a physician's statement or

prescription submitted as required for a first application under

Section 681.003(c).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1353, Sec. 4, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 20.003(d), eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

98, Sec. 2, eff. May 15, 2007.

Sec. 681.005. DUTIES OF COUNTY ASSESSOR-COLLECTOR. Each county

assessor-collector shall send to the department:

(1) each fee collected under Section 681.003, to be deposited in

the state highway fund to defray the cost of providing the

disabled parking placard; and

(2) a copy of each application for a disabled parking placard.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 681.006. PARKING PRIVILEGES: PERSONS WITH DISABILITIES.

(a) Subject to Section 681.009(e), a vehicle may be parked for

an unlimited period in a parking space or area that is designated

specifically for persons with physical disabilities if:

(1) the vehicle is being operated by or for the transportation

of a person with a disability; and

(2) there are:

(A) displayed on the vehicle special license plates issued under

Section 504.201; or

(B) placed on the rearview mirror of the vehicle's front

windshield a disabled parking placard.

(b) The owner of a vehicle is exempt from the payment of a fee

or penalty imposed by a governmental unit for parking at a meter

if:

(1) the vehicle is being operated by or for the transportation

of a person with a disability; and

(2) there are:

(A) displayed on the vehicle special license plates issued under

Section 504.201; or

(B) placed on the rearview mirror of the vehicle's front

windshield a disabled parking placard.

(c) The exemption provided by Subsection (b) or (e) does not

apply to a fee or penalty:

(1) imposed by a branch of the United States government; or

(2) imposed by a governmental unit for parking at a meter, in a

parking garage or lot, or in a space located within the

boundaries of a municipal airport.

(d) This section does not permit a vehicle to be parked at a

time when or a place where parking is prohibited.

(e) A governmental unit may provide by ordinance or order that

the exemption provided by Subsection (b) also applies to payment

of a fee or penalty imposed by the governmental unit for parking

in a parking garage or lot or in a space with a limitation on the

length of time for parking.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.156(c), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 804, Sec. 1, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1353, Sec. 5, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 1362, Sec. 3, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 20.003(e), eff. September 1, 2005.

Sec. 681.007. PARKING PRIVILEGES: VEHICLES DISPLAYING

INTERNATIONAL SYMBOL OF ACCESS. A vehicle may be parked and is

exempt from the payment of a fee or penalty in the same manner as

a vehicle that has displayed on the vehicle special license

plates issued under Section 504.201 or a disabled parking placard

as provided by Section 681.006 if there is displayed on the

vehicle a license plate or placard that:

(1) bears the international symbol of access; and

(2) is issued by a state or by a state or province of a foreign

country to the owner or operator of the vehicle for the

transportation of a person with a disability.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 20.003(f), eff. September 1, 2005.

Sec. 681.008. PARKING PRIVILEGES: CERTAIN VETERANS AND MILITARY

AWARD RECIPIENTS. (a) A vehicle may be parked for an unlimited

period in a parking space or area that is designated specifically

for persons with physical disabilities if the vehicle:

(1) is being operated by or for the transportation of:

(A) the person who registered the vehicle under Section

504.202(a) or

a person described by Section 504.202(b) if the vehicle is

registered under that subsection; and

(B) displays special license plates issued under Section

504.202; or

(2) displays license plates issued by another state of the

United States that indicate on the face of the license plates

that the owner or operator of the vehicle is a disabled veteran

of the United States armed forces.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

319, Sec. 2

(b) A vehicle on which license plates issued under Section

504.202, Section 504.315(c), (d), (e), (f), or (g), or Section

504.316 are displayed is exempt from the payment of a parking fee

collected through a parking meter charged by a governmental

authority other than a branch of the federal government, when

being operated by or for the transportation of:

(1) the person who registered the vehicle under Section

504.202(a), Section 504.315(c), (d), (e), (f), or (g), or Section

504.316; or

(2) a person described in Section 504.202(b) if the vehicle is

registered under that subsection.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

115, Sec. 1

(b) A vehicle on which license plates described by Subsection

(a)(2) or issued under Section 504.202 or Section 504.315(c),

(d), (e), or (g) are displayed is exempt from the payment of a

parking fee collected through a parking meter charged by a

governmental authority other than a branch of the federal

government, when being operated by or for the transportation of:

(1) the person who registered the vehicle under Section

504.202(a) or Section 504.315(c), (d), (e), or (g);

(2) a person described in Section 504.202(b) if the vehicle is

registered under that subsection; or

(3) the owner or operator of a vehicle displaying license plates

described by Subsection (a)(2).

(c) This section does not permit a vehicle to be parked at a

time when or a place where parking is prohibited.

(d) A governmental unit may provide by ordinance or order that

the exemption provided by Subsection (b) also applies to payment

of a fee or penalty imposed by the governmental unit for parking

in a parking garage or lot or in a space with a limitation on the

length of time for parking.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 738, Sec. 1, eff. Sept. 1,

1999; Acts 1999, 76th Leg., ch. 1195, Sec. 1, eff. June 18, 1999;

Acts 1999, 76th Leg., ch. 1362, Sec. 4, eff. Sept. 1, 1999; Acts

2001, 77th Leg., ch. 1420, Sec. 19.007, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 20.003(g), eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

115, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

319, Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

319, Sec. 2, eff. June 19, 2009.

Sec. 681.009. DESIGNATION OF PARKING SPACES BY POLITICAL

SUBDIVISION OR PRIVATE PROPERTY OWNER. (a) A political

subdivision or a person who owns or controls property used for

parking may designate one or more parking spaces or a parking

area for the exclusive use of vehicles transporting persons with

disabilities.

(b) A political subdivision must designate a parking space or

area by conforming to the standards and specifications adopted by

the Texas Commission of Licensing and Regulation under Section

5(i), Article 9102, Revised Statutes, relating to the

identification and dimensions of parking spaces for persons with

disabilities. A person who owns or controls private property used

for parking may designate a parking space or area without

conforming to those standards and specifications, unless required

to conform by law.

(c) A political subdivision may require a private property owner

or a person who controls property used for parking:

(1) to designate one or more parking spaces or a parking area

for the exclusive use of vehicles transporting persons with

disabilities; or

(2) to conform to the standards and specifications referred to

in Subsection (b) when designating a parking space or area for

persons with disabilities.

(d) The department shall provide at cost a design and stencil

for use by a political subdivision or person who owns or controls

property used for parking to designate spaces as provided by this

section.

(e) Parking spaces or areas designated for the exclusive use of

vehicles transporting persons with disabilities may be used by

vehicles displaying a white on blue shield disabled parking

placard, license plates issued under Section 504.201 or 504.202,

or a white on red shield disabled parking placard.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1246, Sec. 9, eff. Sept. 1,

1999; Acts 1999, 76th Leg., ch. 11362, Sec. 5, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 20.003(h), eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

357, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1160, Sec. 3, eff. September 1, 2009.

Sec. 681.010. ENFORCEMENT. (a) A peace officer or a person

designated by a political subdivision to enforce parking

regulations may file a charge against a person who commits an

offense under this chapter at a parking space or area designated

as provided by Section 681.009.

(b) A security officer commissioned under Chapter 1702,

Occupations Code, and employed by the owner of private property

may file a charge against a person who commits an offense under

this chapter at a parking space or area designated by the owner

of the property as provided by Section 681.009.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.840, eff.

Sept. 1, 2001.

Sec. 681.0101. ENFORCEMENT BY CERTAIN APPOINTED PERSONS. (a) A

political subdivision may appoint a person to have authority to

file a charge against a person who commits an offense under this

chapter.

(b) A person appointed under this section must:

(1) be a United States citizen of good moral character who has

not been convicted of a felony;

(2) take and subscribe to an oath of office that the political

subdivision prescribes; and

(3) successfully complete a training program of at least four

hours in length developed by the political subdivision.

(c) A person appointed under this section:

(1) is not a peace officer;

(2) has no authority other than the authority applicable to a

citizen to enforce a law other than this chapter; and

(3) may not carry a weapon while performing duties under this

section.

(d) A person appointed under this section is not entitled to

compensation for performing duties under this section or to

indemnification from the political subdivision or the state for

injury or property damage the person sustains or liability the

person incurs in performing duties under this section.

(e) The political subdivision and the state are not liable for

any damage arising from an act or omission of a person appointed

under Subsection (a) in performing duties under this section.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.156(d), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1353, Sec. 6, eff. Sept.

1, 1997.

Sec. 681.011. OFFENSES; PRESUMPTION. (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 or a disabled

parking placard in a parking space or area designated

specifically for persons with disabilities by:

(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

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).

(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.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

1160, Sec. 4

(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 $550 or more than $800; and

(2) 10 hours of community service.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

1336, Sec. 1

(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 $500 or more than $800; and

(2) 10 hours of community service.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

1160, Sec. 4

(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 $550 or more than $800; and

(2) not less than 20 or more than 30 hours of community service.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

1336, Sec. 1

(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 $550 or more than $800; and

(2) 20 hours of community service.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

1160, Sec. 4

(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 $800 or more than $1,100; and

(2) 50 hours of community service.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

1336, Sec. 1

(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 $800 or more than $1,100; and

(2) 30 hours of community service.

(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 $1,250 and 50 hours of community service.

(l) A person commits an offense if the person:

(1) stands a vehicle on which are displayed license plates

issued under Section 504.201 or a disabled parking placard in a

parking space or area for which this chapter creates an exemption

from payment of a fee or penalty imposed by a governmental unit;

(2) does not have a disability;

(3) is not transporting a person with disability; and

(4) does not pay any applicable fee related to standing in the

space or area imposed by a governmental unit or exceeds a

limitation on the length of time for standing in the space or

area.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.156(e), eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 738, Sec. 2, eff. Sept.

1, 1999; Acts 1999, 76th Leg., ch. 1362, Sec. 6, 7, eff. Sept. 1,

1999; Acts 2003, 78th Leg., ch. 595, Sec. 1, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 1325, Sec. 19.08(b), eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 20.003(i), eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

357, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1160, Sec. 4, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1336, Sec. 1, eff. September 1, 2009.

Sec. 681.0111. MANUFACTURE, SALE, POSSESSION, OR USE OF

COUNTERFEIT PLACARD. (a) A person commits an offense if,

without the department's authorization, the person manufactures,

sells, or possesses a placard that is deceptively similar to a

disabled parking placard.

(b) A person commits an offense if the person knowingly parks a

vehicle displaying a counterfeit placard in a parking space or

area designated specifically for persons with disabilities.

(c) An offense under Subsection (a) is a Class A misdemeanor. An

offense under Subsection (b) is a Class C misdemeanor.

(d) For purposes of this section, a placard is deceptively

similar to a disabled parking placard if the placard is not a

genuine disabled parking placard but a reasonable person would

presume that it is a genuine disabled parking placard.

Added by Acts 2003, 78th Leg., ch. 400, Sec. 1, eff. Sept. 1,

2003.

Sec. 681.012. SEIZURE AND REVOCATION OF PLACARD. (a) A law

enforcement officer who believes that an offense under Section

681.011(a) or (d) has occurred in the officer's presence shall

seize any disabled parking placard involved in the offense. Not

later than 48 hours after the seizure, the officer shall

determine whether probable cause existed to believe that the

offense was committed. If the officer does not find that probable

cause existed, the officer shall promptly return each placard to

the person from whom it was seized. If the officer finds that

probable cause existed, the officer, not later than the fifth day

after the date of the seizure, shall submit each seized placard

to the department.

(a-1) A peace officer may seize a disabled parking placard from

a person who operates a vehicle on which a disabled parking

placard is displayed if the peace officer determines by

inspecting the person's driver's license or personal

identification certificate that the disabled parking placard does

not contain the first four digits of the driver's license number

or personal identification certificate number and the initials

of:

(1) the person operating the vehicle; or

(2) a person being transported by the vehicle.

(a-2) A peace officer shall submit each seized parking placard

to the department not later than the fifth day after the seizure.

(b) On submission to the department under Subsection (a) or

(a-2), a placard is revoked. On request of the person from whom

the placard was seized, the department shall conduct a hearing

and determine whether the revocation should continue or the

placard should be returned to the person and the revocation

rescinded.

Added by Acts 1997, 75th Leg., ch. 1353, Sec. 7, eff. Sept. 1,

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1336, Sec. 2, eff. September 1, 2009.

Sec. 681.013. DISMISSAL OF CHARGE; ADMINISTRATIVE FEE. (a) In

this section, "working day" means any day other than a Saturday,

a Sunday, or a holiday on which county offices are closed.

(b) The court shall:

(1) dismiss a charge for an offense under Section 681.011(b)(1)

if:

(A) the vehicle displayed a disabled parking placard that was

not valid as expired;

(B) the defendant remedies the defect by renewing the expired

disabled parking placard within 20 working days from the date of

the offense or before the defendant's first court appearance

date, whichever is later; and

(C) the disabled parking placard has not been expired for more

than 60 days; and

(2) assess an administrative fee not to exceed $20 when the

charge has been remedied.

(c) Notwithstanding Subsection (b)(1)(C), the court may dismiss

a charge of unlawfully parking a vehicle in a space designated

specifically for persons with disabilities, if at the time of the

offense the defendant's vehicle displays a disabled parking

placard that has been expired for more than 60 days.

Added by Acts 2009, 81st Leg., R.S., Ch.

298, Sec. 1, eff. September 1, 2009.