DAN MORALES 

ATTORNEY CENERAL 

QBffice of tfp JZlttornep 6eneral 

&date of Qexarr 

Honorable Rick Perry 

Commissioner 

Texas Department of Agriculture 

P.O. Box 12847 

Austin, Texas 78711 

November 9, 1995 

Opiion No. DM-365 

Re: Whether V.T.C.S. article 8613, which 

regulates the sale of motor vehicle tire1 to 

disabled persons, is. applicable to any 

vehicle that displays an appropriate “special 

device” or “disabled person” identification 

card (RQ-623) 

Dear Commissioner Peny: 

You ask about the proper construction of a Texas statute that governs retbeling 

services for disabled persons. You are concerned that the provisions of the statute seem 

to require that the driver of a vehicle must actually be disabled and must display the 

disabled person placard. Furthermore, you question whether the provision implies that a 

service station operator has the authority or the duty to determine whether the driver is 

actually disabled or whether the person to whom the disabled placard was issued is in fact 

disabled, Specitically, you ask the following: 

1. Is there any permissible means by which the operator of a 

gasoline service station may inquire as to whether the driver 

is disabled, or is the placard or license plate sufficient proof 

of disability? 

2. Is it an offense for a person who is not disabled to obtain 

refueling services under [article] 8613 through the use of 

another person’s disabled placard or license plate? 

Article 8613 of the Revised Civil Statutes governs the provision of refueling 

services to disabled persons.’ It states: 

(a) Each person, firm, partnership, association, ttustee, or 

corporation that operates a gasoline service station or other facility 

that offers gasoline or other motor vehicle fuel for sale to the public 

from the facility shall provide, on request, retirering service to a 

disabled driver of a vehicle that displays a special device or disabled 

person identification card authorized by Chapter 338, Acts of the 

‘The term “mkling service” is ddined as the service of punping motor vehicle facl into the fuel 

tankofamotorvehicle. V.T.C.S.art. 8613,P 1. 
HonorableRickPeny - Page 2 

64th Legislature, Regular Session, 1975 (Article 6675a-5e.1, 

Vernon’s Texas Civil Statutes).* 

(b) The price charged for the motor vehicle tire1 provided under 

Subsection (a) of this section may not be greater than the price the 

facility otherwise would charge the public generally to purchase. 

motor vehicle tieI without refueling service. 

V.T.C.S. art. 8613, 5 2 (footnote added). Thus, article 8613 obligates operators of 

gasoline stations with both “full-serve” and “self-serve” facilities to provide reiueling 

services at “self-serve” prices to those disabled drivers who display a special license plate 

issued pursuant to motion 502.253 of the Transportation Code. Further, refueling 

services must also be provided to those individuals displaying a disabled parking placard as 

authorized by chapter 681 of the Transportation Code.3 Article 8613, section 4(b) 

provides that the Texas Department of Transportation shah provide notice of available 

refueling services to “each disabled person who is issued a special device or disabled 

person identification card under Chapter 681, Transportation Code.” Act of May 1, 1995, 

74th Leg., RS., ch. 165, 5 22(20), 1995 Tex. Sess. Law Serv. 1025, 1856 (amending 

V.T.C.S. art. 8613, § 4(b)). 

Transportation Code section 502.253 provides for the issuance. and the requirements for issuance of a specially designed license plate for persons with disabiities. The 

relevant language states: 

(a) The department shall provide for the issuance of specially 

designed license plates for [motor vehicles] regularly operated for 

ll%c Seventy-fourth Legislature repealed article 6675a-5e.1, V.T.C.S. Act of May 1, 1995, 74th 

Leg., RS., ch. 165, 5 1, 1995 Tex. Scs. Serv. 1025, 1031. TIE previsions of article 6675a-k.1, 

V.T.C.S., are now codiried in the Transportation &de at chapters 502 and 681. Id. 8 1, at 1505, 1780. 

The coditication of article 6675a-k. 1 in the Tmnsportation C& is a notlsubstantivc revision. Id. 8 1, at 

103 1; 5 25, at 1871. For the purpose of this opinion we will refer to the Transportation Code. 

3The previsions of the act do not apply to 

(1) a gasoline service station or other facility offering gasoline or other 

motor vehicle fuel for sale to the public from the facility: 

(A) if the station or other facility has only remotely controlled pumps and 

wver provides pump island service; or 

(EI) during regularly scheduled hours in which, for security reasons, a 

station or h5My that ordinarily provides pmnp island wvice does not provide 

that semia; or 

(2) refueling service to provide liquetied gas, ss that term is d&ted by 

Section 153.001, Tax code. 

V.T.C.S. art. 8613,§ 3. 
Honorable Rick Perry - Page 3 

noncommercial use by or for the transportation of a person with a 

permanent disability. 

(b) A person has a disability ifthe person the person has: 

(1) mobility problems that substantially impair the 

person’s ability to ambulate; 

(2) visual acuity of 20/200 or less in the better eye with 

corrtiing lenses; or 

(3) visual acuity of more than 20% 6’/~ but with a limited 

field of vision in which the widest diameter of the visual field 

subtends an angle of 20 degrees or less. 

(c) An owner of a motor vehicle regularly operated by or for 

the transportation of a person described by Subsection (b) may apply 

to the department for registration under this section. 

In addition, the department shall provide a removable disabled parking placard to a person 

with a disability. Tramp. Code $681.002. Siiily, the owner of a motor vehicle used 

primarily for the transportation of a person with a disabiity may apply for a disabled 

parking placard. Id. $661.003(a). The initial application must be accompanied by 

acceptable medical proof that the operator or regularly transported passenger actually has 

a disabiity. However, a written statement from a physician is not required in limited 

cirwmstances. Id. 8661.003(c). 

Thus the provisions of article 8613 only apply to those disabled drivers displaying 

a placard such as a removable windshield identification card or a device such as a specially 

designed license plate as provided for by sections 502.253 and 681.002 of the 

Transportation Code. In the absence of authority to the contrary, we therefore conclude 

that article 8613, section (2) provides the sole authority for determining disability with 

regard to retieling se.rvice.s, that is, by reference to a special device or disabled person 

identification card. 

Further, our research of the relevant legislative history of article 8613 indicates 

that the intent of the legislature was to “require refueling service by gasorme service 

facilities for the disabled without an additional charge”; and more specifically, to provide 

refueling services “to a disabled driver if the driver’s vehicle displays a special device or 

disabled person identification card. .” House Comm. on State Athairs, Bill Analysis, 

H.B. 182,7lst Leg., R.S. (1989). During a hearing before the committee, Representative 

Htny, the sponsor of the bill in the House, testified that 

[a] disabled person, properly being identified, if he should pull, or if 

she should pull into a lit11 service facility-that person should be able 

to enjoy the Ml service facility, but at a self-service price. And if the 

bill doesn’t say that, then I’m not for it. 
HonorableRickPerry - Page 4 

Hearings on H.B. 182 Before the House Comm. on State Ai%irs, 71st Leg. 

(Apr. 24,1989) (statement of Representative Htny) (tape available from House 

Video/Audio Services). Accordingly, we tbrther conclude that there is no statutory basis 

upon which to opine that a service station operator has the express or implied authority, or 

duty, to inquire or determine whether the driver of a vehicle or the person to whom the 

specially designed license plate or disabled placard was issued, is actually disabled. 

However, we are not cognizant of any prohibition against merely inquiring whether a 

driver is in fact disabled. Nevertheless, we caution that failure to provide relitehng 

services to a person who displays a special device or disabled person identitication card 

authorized by section 502.253 and 681.002 of the transportation code may subject a 

managing individual or employee to criminal prosecution. Article 8613, section S(a) 

provides: 

A person who is a responsible managing individual setting 

service policy of a station or facility covered by this Act or is an 

employee acting independently against established service policy and 

who violates Section 2 of this Act commits an offenx4 [Footnote 

added.] 

With regard to your second inquiry, section 681 .Ol 1 of the Transportation Code 

sets forth the punishable offenses relevant to the disabled parking placard. However, this 

section does not address the procurement or the use of the placard in conjunction with 

refueling services. Moreover, the enumerated offenses are only applicable to the abuse or 

misuse of parking privileges for the disabled. See Tramp. Code 5 681.011. Chapter 502, 

Subchapter H sets forth the offenses and penalties associated with the use of speciahy 

designed license plates. Siilarly, this chapter makes no rekence. to the procurement or 

the use of the license plate in conjunction with refbeling services, Accordingly, we 

conclude that these particular statutes do not provide a basis for recogking an offbnse 

where a person who is not disabled obtains refueling services pursuant to the provisions of 

article 8613. However, an individual who fraudulently receives such services may be 

subject to criminal prosecution. See Penal Code ch. 3 1. 

SUMMARY 

With few exceptions, V.T.C.S. article 8613, section 2(a) and (b) 

obligates operators of gasoline stations with “~1-serve” and “selfserve” facilities to provide refueling services at “self-serve” prices to 

those disabled drivers who display a special license plate or 

‘An offense mdcr this s&ion is a class C misdemr. V.T.C.S. art. 8613, 0 5(b); see penal 

code 5 12.23. 
Honorable KckPerry - Page 5 

identification card issued pursuant to sections 502.253 and 681.002 

of the Transportation Code. 

We have found no statutory basis upon which to opine that a 

service station operator has the express or implied authority. or duty, 

to inquire or determine whether the driver of a vehicle or the person 

to whom the disabled identiScation card or license plate was issued is 

actually disabled. However, we am not co&ant of any prohibition 

a@nstmereiyiDquiringwhetheradriverisinfkctdisabled. 

V.T.C.S. article 8613, section (2) provides the sole authority for 

detaminingdisabiiwithregardtotheuseofadisabledplacardor 

license plate to receive reiiteling sewices. Chapter 502, subchapter 

H and section 681 .Ol 1 of the Transportation Code do not provide a 

basis for recognizhq an offense where a person who is not disabled 

obtains mfueUng services through the fraudulent use of another% 

diaahkd placard or license plate. However, fkilure to provide 

refuelinSservicestoapersonwhodisplaysadisabledparkiqplacard 

or q&ally designed license plate authorized by sections 502.253 

and 681.002 of the Transportation Code may subject a mana@ 

individual or employee to crimir& prosecution. V.T.C.S. art. 8613. 

B5. 

DAN MORALES 

Attomey General of Texas 

JORGE VEGA 

First Assistant Attorney Genera) 

SARAH J. SHIRLEY 

Chair, opinion Committee 

Prepared by Toya Cirica Cook 

Assistant Attorney General