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  S.B. No. 1367
 
 
 
 
AN ACT
  relating to parking placard or specialty license plate applications
  by persons with a mobility problem caused by an impairment of
  vision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 504.201, Transportation
  Code, is amended by adding Subdivision (3) to read as follows:
               (3)  "Practice of optometry" and "practice of
  therapeutic optometry" have the meanings assigned by Section
  351.002, Occupations Code.
         SECTION 2.  Section 504.201, Transportation Code, is amended
  by amending Subsection (d) and adding Subsection (d-1) to read as
  follows:
         (d)  Except as provided by Subsection (d-1), the [The]
  initial application for specialty license plates under this section
  must be accompanied by a written statement from a physician who is
  licensed to practice medicine in this state or in a state adjacent
  to this state or who is authorized by applicable law to practice
  medicine in a hospital or other health facility of the Department of
  Veterans Affairs. If the applicant has a mobility problem caused by
  a disorder of the foot, the written statement may be issued by a
  person licensed to practice podiatry in this state or a state
  adjacent to this state. In this subsection, "podiatry" has the
  meaning assigned by Section 681.001. The statement must certify
  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 must also certify whether a mobility problem is temporary
  or permanent. A written statement is not required as acceptable
  medical proof if:
               (1)  the person with a disability:
                     (A)  has had a limb, hand, or foot amputated; or
                     (B)  must use a wheelchair; and
               (2)  the applicant and the county assessor-collector
  processing the application execute an affidavit attesting to the
  person's disability.
         (d-1)  If the initial application for specialty license
  plates under this section is made by or on behalf of a person who is
  legally blind, the written statement required by Subsection (d) 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.
         SECTION 3.  Section 681.003, Transportation Code, is amended
  by amending Subsection (e) and adding Subsection (f) to read as
  follows:
         (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.
         (f)  In this section, "practice of optometry" and "practice
  of therapeutic optometry" have the meanings assigned by Section
  351.002, Occupations Code.
         SECTION 4.  The changes in law made by this Act apply only to
  an application for a disabled parking placard or disabled license
  plates submitted on or after the effective date of this Act. An
  application submitted before the effective date of this Act is
  governed by the law in effect on the date the application was
  submitted, and the former law is continued in effect for that
  purpose.
         SECTION 5.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1367 passed the Senate on
  April 23, 2009, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1367 passed the House on
  May 26, 2009, by the following vote:  Yeas 141, Nays 2, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor