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 (H.B. 3095), 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 (S.B. 52), 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 (H.B. 3095), 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 (S.B. 52), 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 (H.B. 3095), 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 (S.B. 52), 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.
(m) Expired.
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 (H.B. 2018), Sec. 20.003(i), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 357 (S.B. 251), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1160 (H.B. 3095), Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1336 (S.B. 52), Sec. 1, eff. September 1, 2009.
