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2005 Texas Transportation Code CHAPTER 681. PRIVILEGED PARKING
TRANSPORTATION CODE SUBTITLE H. PARKING, TOWING, AND STORAGE OF VEHICLES CHAPTER 681. PRIVILEGED PARKING § 681.001. DEFINITIONS. In this chapter: (1) "Department" means the Texas Department of Transportation. (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, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, § 30.156(a), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1172, § 2, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 105, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1325, § 19.08(a), eff. Sept. 1, 2003. § 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 mobility disability described by Section 681.001(5)(B) or (C); or (B) white on a red shield for a placard issued to a person with any other permanent or 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, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1353, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1362, § 1, eff. Sept. 1, 1999. § 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. (c) Subject to Subsection (e), 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 Veterans Administration, 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 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. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, § 30.156(b); Acts 1997, 75th Leg., ch. 1353, § 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1172, § 3, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1362, § 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 105, § 3, eff. Sept. 1, 2001. § 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 the first four digits of the number followed by the initials of the applicant on any disabled parking placard issued to the applicant. Added by Acts 1997, 75th Leg., ch. 1353, § 3, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 473, § 1, eff. June 20, 2003. § 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, § 2, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 728, § 20.003(c), eff. Sept. 1, 2005. § 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; or (2) one disabled parking placard, if the person receives a set of special license plates under Section 504.201. (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, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1353, § 4, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 728, § 20.003(d), eff. Sept. 1, 2005. § 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, § 1, eff. Sept. 1, 1995. § 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, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, § 30.156(c), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 804, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1353, § 5, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1362, § 3, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 728, § 20.003(e), eff. Sept. 1, 2005. § 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, § 1, eff. Sept. 1, 1995. Amended by Acts 2005, 79th Leg., ch. 728, § 20.003(f), eff. Sept. 1, 2005. § 681.008. PARKING PRIVILEGES: CERTAIN VETERANS. (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: (1) the vehicle is being operated by or for the transportation of: (A) the person who registered the vehicle under Section 504.202(a); or (B) a person described by Section 504.202(b) if the vehicle is registered under that subsection; and (2) there are displayed on the vehicle special license plates issued under Section 504.202. (b) A vehicle on which license plates 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); or (2) a person described in Section 504.202(b) if the vehicle is registered under that subsection. (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, § 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 738, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1195, § 1, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1362, § 4, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, § 19.007, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 728, § 20.003(g), eff. Sept. 1, 2005. § 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) A private property owner or private person who controls property used for parking and who designates one or more uncovered parking spaces for the exclusive use of vehicles transporting persons with disabilities shall assign at least half of those spaces for the exclusive use of vehicles displaying a white on blue shield disabled parking placard, except that if an odd number of spaces is designated, only the number of spaces that is the largest whole number less than half of the number of designated spaces must be assigned for the exclusive use of vehicles displaying a white on blue shield placard. Van-accessible parking spaces shall be counted as assigned spaces under this subsection. These assigned spaces must be the spaces located closest to an accessible route to an entrance accessible to a person with a disability. The remaining designated parking spaces may be used by vehicles displaying a white on blue shield disabled parking placard, a white on red shield disabled parking placard, or license plates issued under Section 504.201. This subsection applies only to a property used for parking that serves a building or other facility: (1) that state law requires to be accessible to person with disabilities; and (2) for which construction or an alteration of the building or other facility is completed on or after September 1, 1999. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1246, § 9, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 11362, § 5, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 728, § 20.003(h), eff. Sept. 1, 2005. § 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, § 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1420, § 14.840, eff. Sept. 1, 2001. § 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, § 30.156(d), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1353, § 6, eff. Sept. 1, 1997. § 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: (1) 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: (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 this Subsection (f); or (2) stands a vehicle displaying a white on red shield disabled parking placard or license plates issued under Section 504.201 in a space designated under Section 681.009(e) for the exclusive use of vehicles displaying a white on blue shield disabled parking placard. (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 $250 or more than $500. (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 a fine of not less than $300 or more than $600. (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 $300 or more than $600; and (2) not less than 10 or more than 20 hours of community service. (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 $500 or more than $1,000; and (2) not less than 20 or more than 50 hours 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 $1,000 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, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, § 30.156(e), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 738, § 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1362, § 6, 7, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 595, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, § 19.08(b), eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 728, § 20.003(i), eff. Sept. 1, 2005. § 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, § 1, eff. Sept. 1, 2003. § 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. (b) On submission to the department under Subsection (a), 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, § 7, eff. Sept. 1, 1997.
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