OFFICEOPTHEATTORNEYGENERilL STIITE OFTEXIIS JOHN CORNYN

July 14, 1999

The Honorable Florence Shapiro Chair, Committee on State Affairs Texas State Senate P.O. Box 12068 Austin. Texas 78711 Opinion K-0077 Re: Whether avan-access aisle adjacent to avanaccessible parking space is an “architectural improvement designed to aid persons with disabilities” for purposes of section 68 1.Oll(c) of, the Transportation Code (RQ-1228)
Dear Senator Shapiro: Under section 681.Oll(c) ofthe Transportation Code, aperson who parks avehicle so as to obstruct “an architectural improvement designed to aid persons with disabilities” commits a misdemeanor. See also TEX. TRANSP.CODEANN. 4 681.01 l(g)-(k) (Vernon 1999) (prescribing penalties). You ask whether a van-access aisle adjacent to a van-accessible parking space is an
“architectural improvement designed to aid persons with disabilities” in the context of section 681.01 l(c). We believe it is. UndertheAmericanswithDisabilitiesAct,42U.S.C. $5 12101-12205 (1995 &Supp. 1999) the United States Department ofJustice has promulgated minimum standards, designed to improve access for the disabled, for new or altered public parking lots. Among other things, the Department ofJustice requires that one in every eight accessible parking spaces be served by avan-access aisle: “One in every eight accessible spaces, but not less than one, shall be served by an access aisle 96 [inches]

. . wide minimum and shall be designated ‘van accessible.

. .“’ 28 C.F.R. pt. 36, app. A 5 4.1.2(5)(b) (1998); see also 

### id. $ 4.6.4 (providing for signage). The Texas Department of Licensing and Regulation has adopted substantially identical requirements in accordance with the Texas Architectural Barriers Act, TEX.REV. CIV. STAT.ANN.art. 9102 (Vernon Supp. 1998). See TEX. DEP’T OFLICENSING& REGULATION,TEXAS ACCESSIBILITYSTANDARDS5 4.1.2(5)(a), (b) (1994). Section 681,011 ofthe Texas Transportation Code establishes several offenses related tothe unauthorized use or misuse of disabled parking spaces or privileges. For example, under section 681.01 l(a), a person who parks a vehicle with specially designed, disabled license plates or a disabled parking placard in adesignated disabled parking space commits an offense ifthe driver is not disabled or is not transporting adisabled person. A person without disabled license plates or a disabled parking placard on his or her vehicle commits an offense under section 681.01 l(b) if the person parks in adesignated disabled parking space. Under section 68 1.Oll(d), aperson commitsThe Honorable Florence Shapiro - Page 2 (X-0077)

an offense if he or she lends a disabled parking placard to another person who uses the placard in contravention of section 681,011. And, under section 681.Oll(c), aperson commits an offense if the person “parks avehicle so that the vehicle blocks an architectural improvement designed to aid persons with disabilities, including an access or curb ramp.” You ask whether avan-access aisle adjacent to a van-accessible parking space qualities as an “architectural improvement designed to aid persons with disabilities” for purposes of section 681 .Oll(c) of the Transportation Code. We find no statutory definition orjudicial construction of the phrase “architectural improvement designed to aid persons with disabilities.” Because section 681.01 l(c) is a statute that creates a criminal offense for parking in a way that obstructs an
“architectural improvement designed to aid persons with disabilities,” however, the phrase must be strictly construed. A statute imposing a criminal penalty must be construed narrowly to, in part, fairly notify persons subject to the statute so that they may act as the statute requires and avoid the criminal penalty. 

### SeeAgey Y.American Liberty Pipe Line Co., 172 S.W.2d 972,974 (Tex. 1943); 

### State v.International G.N.Ry. Co., 179 S.W. 867,868 (Tex. 1915); 

### Howell Y.Mauzy, 899 S.W.2d 690,704 (Tex. App.-Austin 1994, writ denied). Moreover, the statute tells us that an architectural improvement designed to aid persons with disabilities includes items like access ramps and curb ramps. TEX.TRANSP.CODE ANN. 5681

.Oll(c) (Vernon 1999). The term “including” is a term of enlargement, not a term denoting exclusivity. TEX. GOV’T CODEANN. 5 311.005(13) (Vernon 1998). To determine whether a van-access aisle should be “included” within the set of architectural improvements designed to aid persons with disabilities, we consider whether avan-access aisle bears significant similarities to an access ramp or a curb ramp. We believe it does. Both an access ramp and a curb ramp are features specially designed to facilitate access by a person with a mobility disability. Generally, both enable a person with such a disability to navigate from the parking-lot or street level to a sidewalk orbuilding entrance. Without an access or curb ramp, a person with a mobility disability would be severely hampered in any attempt to access a building from the parking lot. Additionally, both are mandated by federal law, see 28 C.F.R. pt. 36, app. A $54.7,4.8 (1998), and federal law sets out precise specifications for each, see 

### id. For example, an access ramp generally shall have aslope of 1:12with amaximum rise ofthirty inches, see 

### id. 54.8.2, shall have aminimum clear width of thirty-six inches, see 

### id. 54.8.3, shall have level landings, see 

### id.54.8.4, and shall have handrails in certain circumstances, see 

### id.54.8.5. Similarly, a curb ramp “shall be provided wherever an accessible route crosses a curb,” see 

### id. 54.7.1, shall have amaximum slope of 1:12, see 

### id. $54.7.2,4.8.2, shall be atleast thirty-six inches wide, see 

### id. 54.7.3, and generally shall have flared sides, see 

### id. 54.7.5. A van-access aisle is similar in function and purpose to aramp and is also similarly required by law. A van-access aisle is specially designed to facilitate access by a person with a mobility disability by providing sufficient space adjacent to aparking space for such aperson to exit a van and access the access or curb ramp, and from there, the building served by the parking lot. The ability of a person with a mobility disability to leave a vehicle and approach abuilding from theThe Honorable Florence Shapiro - Page 3 (JC-0077)

parking lot would be hampered without avan-access aisle. In addition, federal law requires that a specific proportion oftotal parking spaces in every public parking lotmust be served by avan-access aisle. See 

### id. $4.1.2(5)(b). The dimensions of the van-accessible parking space are regulated by federal law, see 

### id. $54.1.2(5)(b), 4.6.3 & fig. 9, and may not slope more than acertain percentage, see 

### id.54.6.3. Van-accessible parking spaces must be designated with special signs. See 

### id.54.6.4. Given these numerous and significant similarities, we conclude a van-access aisle is an architectural improvement designed to aid persons with disabilities for purposes of section 68 1,011(c) of the Transportation Code. Moreover, we can surmise no reason for concluding that obstructing an access or curb ramp is an offense under section 681.011(c) of the Transportation Code, but obstructing avan-access aisle, which has the same purpose and function as aramp, is not an offense. Particularly in light of the fact that section 681,011 as awhole appears to cover any wrongful use of adisabled parking space, we believe that no person could fail to be on notice that obstructing avan-access aisle is anoffense. Thus, our conclusion comports with our duty to strictly construe this criminal statute. 

### SeeAgey, 172 S.W.2d at

### 974;International G.N.Ry. Co., 179 S.W. at 868; 

### Howell, 899 S.W.2d at 704. Accordingly, parking avehicle so asto block avan-access aisle is an offense under section 681.01 l(c) of the Transportation Code and is punishable under section 681.011(g)-(k).The Honorable Florence Shapiro - Page 4 (X-0077)

SUMMARY Parking a vehicle so as to block a van-access aisle is an offense under section 681.01 l(c) of the Texas Transportation Code.

Attorney General of Texas ANDY TAYLOR First Assistant Attorney General CLARK KENT ERVIN Deputy Attorney General - General Counsel ELIZABETH ROBINSON Chair, Opinion Committee Prepared by Kymberly K. Oltrogge Assistant Attorney General