DAN MORALES 

ATTORNEY CENERAL 

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October 22,1997 

The Honorable Rim Brimer Opinion No. DM-45 1 

Chair, Business and Industry Committee 

Texas House of Representatives Re: Parking for disabled persons at airports ( RQ-973) 

P.O. Box 2910 

Austin Texas 78768-2910 

Dear Representative Brimer: 

You have requested our opinion regarding the proper construction of House Bill 3025. See 

Act of May 21,1997,75th Leg., R.S., ch. 804,1997 Tex. Sess. Law Serv. 2633,2633. We begin 

with a bit of background 

In 1995, the legislature enacted section 68 1.006 of the Transportation Code, which exempts 

t+om parking fees any vehicle that displays a disabled parking permit. That section provides: 

(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 

person with a disability; and 

(2) there are: 

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

Section 502.253; or 

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

windshield a disabled parking placard. 

(b) The owner of a vehicle is exemptfiom the payment of a fee or 

penalty imposed by a governmental unitforparking at a meter or in a space 

with a limitation on the length of time for parking zy 

(1) the vehicle is being operated by or for the trsnsportation of a 

person with a disability; and 
TheHonorableKimBrimer - Page 2 (DM-451) 

(2) there are: 

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

Section 502.253; or 

(B) placed on the rearview mirror of the vehicle’s Grant 

windshield a disabled parking placard. 

(c) The exemption provided by Subsection (b) does not apply to a fee or 

penalty imposed by a branch of the United States government. 

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

a place where parking is prohibited. [Emphasis added.] 

The effect of this legislation was to prohibit any “governmental unit” from imposing any kind of 

parking fee or tine on a vehicle displaying a disabled parking permit.’ 

During the 1997 session of the legislature, you authored House Bill 3025, which, as 

introduced, merely deleted the phrase “or in a space” from subsection (b) of section 681.006. In the 

House Intergovemmental Relations Committee, the bill was amended to add subsection (e), which 

provides: 

(e) Nothing in this code shall be interpreted as exempting any owner or 

operator of a vehicle from payment of fees or penalties imposed by a 

govermnental unit for parking at a meter, in a parking garage or lot, or in a 

space located within the boundaries of a municipal airport. 

House Bill 3025, with tbis amendment included, passed both houses and was signed by the governor 

on Jme 17,1997. The question before us is the meaning of newly enacted subsection (e). 

On its face, subsection(e) might seem to remove the “free parking” exemption for vehicles 

displaying a disabled parhing permit within the bqundariea of any “governmental unit” in each of 

the following situations: 1) at a meter; 2) in a parking garage or lot; or 3) in a space within the 

boundaries of a municipal airport. You contend, however, that the phrase “of a municipal airport” 

was intended to modify the whole of subsection (e), and that consequently, the “free parking” 

exemption remains in effect outside “the boundaries of a municipal aitport.” 

The bill analyses for both the engrossed version of the bill and the Senate committee report 

state that the purpose of House Bill 3025 is to “outline provisions regarding parking fees imposed 

by a governmental authority.” Senate Comm. on Intergovemmental Relations, Bill Analyses, H.B. 

3025, 75th Leg. (1997) (emphasis added). Furthermore, the section-by-section analyses in both 

‘We con.s!n~ed this version of subsection 681.006@) in Attorney General Letter Opinion 96-055 (1996), 

p. 2531 
The Honorable Kim Brimer - Page 3 (DM-451) 

cases simply repeat the language of the bill itself. On the other hand, the background to each bill 

analysis speaks wholly in terms of the ‘reimposition of fees on certain disabled individuals who park 

at DFW International Airport.” More significantly, the “explanation of amendmenta” portion of the 

bill analysis of the House committee report states: 

Adds a new Section 2 and renumbers sections accordingly. SECTION 2. 

Amends Sec. 681.006, Transportation Code, by adding Subsection (e) which 

clarifies that this code does not exempt any owner or operator of a vehicle 

from payment of fees or penalties imposed by a governmental unit for 

parking at a meter, garage, lot or spczce within the boundaries of a municipl 

airport. [Emphasis added.] 

In our opinion, this “exphmation of amendments” provides convincing evidence that House 

Bill 3025 was intended to remove the parking fee exemption for disabled vehicles only at municipal 

airports.2 In addition, we believe it would have been unusual for the legislature, having enacted the 

parking fee exemption only in 1995, to have virtually repealed that exemption in its next session 

without having manifested a clear intent to do so. Thus, in our opinion, House Bill 3025 must be 

construed to remove the parking fee exemption for vehicles displaying disabled parking permits only 

“within the boundaries of a municipal airport.‘” 

2Anothe.r bill enacted by the 75th Legislature, House Bill 580, which deals more bmdly with the matter of 

parking for disabled persons, contains language identical to that of House Bill 3025. See Act of May 28,1997,75th 

Leg., RS., ch. 1353,s 5,1997 Tex. Sess. Law. Serv. 5101,5102. Although the bii analyses contained in the Senate 

committee repozt and in the engrossed vemioo ate no more helpful than those attached to Howe Bi 3025, the “sectionby-section” amdysis of the House committee report supports the conclusion we reach here: 

SECTION 5. This section amends Chrqta 681.006(c), +qatatioo Code to 

remove the exemption . . . from payment of fees or pemlties inq?osed by 

goveromental units from parking in parking garages or other parking lots located 

within the boundaries of municipal airpoxts. 

‘Disabled veterans and recipients of the Congressional Medal of Honor are not a&cted by House Bill 3025. 

They remain entitled to exemption from all parking fees “charged by a govemmental authority other than a branch of 

the federal government.” Tramp. Code 8 681.008. 

p. 2532 
The Honorable Kim Brimer - Page 4 (DM-451) 

SUMMARX 

House Bill 3025, Act of May 21,1997,75th Legislature, &apt- 804, at 

2633, removes the exemption fhm parking fees or penalties of a vehicle 

displaying a disabled parking permit only “within the boundaries of a 

municipal airport.” 

DAN MORALES 

Attorney General of Texas 

JORGE VEGA 

First Assistant Attorney General 

SARAH J. SHIRLEY 

Chair, Opinion Committee 

Prep@ by Rick Gilpin 

Assistant Attorney General 

p. 2533