DAN MORALES

ATTORNEY CENERAL 

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## $X&e ofIEexae 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 abit ofbackground In 1995,the legislature enacted section 681.006ofthe Transportation Code, which exempts t+omparking fees any vehicle that displays a disabled parking permit. That section provides:

(a) A vehicle may be parked for an unlimited period in aparking space or area that is designated specifically forpersons 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) Theowner ofa vehicle isexemptfiom thepayment ofa fee or penalty imposedbyagovernmental unitforparking ata meteror inaspace with a limitation onthe length oftime forparking zy (1) the vehicle is being operated by or for the trsnsportation of a person with a disability; andTheHonorableKimBrimer - Page 2 (DM-451)

(2) thereare: (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 abranch ofthe United States government. (d) This section does not permit avehicle tobe parked at atime when or aplace 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 adisabled parking permit.’ During the 1997 session of the legislature, you authored House Bill 3025, which, as introduced, merely deleted the phrase “orin 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 aparking 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 ofnewly enacted subsection (e). On its face, subsection(e) might seemto 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 ameter; 2) in aparking garage or lot; or 3) in a space within the boundaries of amunicipal airport. You contend, however, that the phrase “of amunicipal airport” was intended to modify the whole of subsection (e), and that consequently, the “free parking” exemption remains in effect outside “the boundaries of amunicipal aitport.” The bill analyses forboth the engrossed version ofthe bill and the Senate committee report state that the purpose of House Bill 3025 is to “outline provisions regarding parking fees imposed byagovernmentalauthority.” 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. 2531The Honorable Kim Brimer - Page 3 (DM-451)

cases simply repeat the language ofthe bill itself. On the other hand, the background to each bill analysis speaks wholly interms ofthe ‘reimposition offeeson 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 unitfor parking atameter,garage, lotorspczce withintheboundariesofamunicipl airport. [Emphasis added.] In our opinion, this “exphmation of amendments” provides convincing evidence that House Bill 3025 was intended to remove theparking fee exemption for disabled vehicles only atmunicipal airports.2 In addition, we believe it would have been unusual forthe 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 toremove the parking fee exemption forvehicles displaying disabled parking permits only “within the boundaries of amunicipal 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. 2532The Honorable Kim Brimer - Page 4 (DM-451)

SUMMARX House Bill 3025, Act ofMay 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

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