2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle H - Parking, Towing, and Storage of Vehicles › Chapter 681 - Privileged Parking › Section 681.011. Offenses; Presumption

Sec. 681.011.  OFFENSES;  PRESUMPTION.  (a)  A person commits an offense if:
(1)  the person stands a vehicle on which are displayed license plates issued under Section 504.201 or 504.202(b-1) or a disabled parking placard in a parking space or area designated specifically for persons with disabilities by:
(A)  a political subdivision; or
(B)  a person who owns or controls private property used for parking as to which a political subdivision has provided for the application of this section under Subsection (f); and
(2)  the standing of the vehicle in that parking space or area is not authorized by Section 681.006, 681.007, or 681.008.
(b)  A person commits an offense if the person stands a vehicle on which license plates issued under Section 504.201 or 504.202(b-1) are not displayed and a disabled parking placard is not displayed in a parking space or area designated specifically for individuals with disabilities by:
(1)  a political subdivision; or
(2)  a person who owns or controls private property used for parking as to which a political subdivision has provided for the application of this section under Subsection (f).
(c)  A person commits an offense if the person stands a vehicle so that the vehicle blocks an architectural improvement designed to aid persons with disabilities, including an access aisle or curb ramp.
(d)  A person commits an offense if the person lends a disabled parking placard issued to the person to a person who uses the placard in violation of this section.
(e)  In a prosecution under this section, it is presumed that the registered owner of the motor vehicle is the person who left the vehicle standing at the time and place the offense occurred.
(f)  A political subdivision may provide that this section applies to a parking space or area for persons with disabilities on private property that is designated in compliance with the identification requirements referred to in Section 681.009(b).
(f-1)  It is not a defense to prosecution for an offense under Subsection (a) or (b) that the parking space or area designated specifically for persons with disabilities is not designated in compliance with the standards and specifications referred to in Section 681.009(b) if the parking space or area is generally in compliance with those standards and specifications and is clearly distinguishable as being designated specifically for persons with disabilities.
(f-2)  A peace officer may issue a warning but may not issue a citation for an offense under Subsection (a) or (b) to a person who stands a vehicle in a parking space or area designated specifically for persons with disabilities that does not have a parking space identification sign identifying the parking space in accordance with the requirements of the standards and specifications referred to in Section 681.009(b).
(g)  Except as provided by Subsections (h)-(k), an offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $750.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1160 (H.B. 3095), Sec. 4
(h)  If it is shown on the trial of an offense under this section that the person has been previously convicted one time of an offense under this section, the offense is punishable by:
(1)  a fine of not less than $550 or more than $800; and
(2)  10 hours of community service.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1336 (S.B. 52), Sec. 1
(h)  If it is shown on the trial of an offense under this section that the person has been previously convicted one time of an offense under this section, the offense is punishable by:
(1)  a fine of not less than $500 or more than $800; and
(2)  10 hours of community service.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1160 (H.B. 3095), Sec. 4
(i)  If it is shown on the trial of an offense under this section that the person has been previously convicted two times of an offense under this section, the offense is punishable by:
(1)  a fine of not less than $550 or more than $800; and
(2)  not less than 20 or more than 30 hours of community service.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1336 (S.B. 52), Sec. 1
(i)  If it is shown on the trial of an offense under this section that the person has been previously convicted two times of an offense under this section, the offense is punishable by:
(1)  a fine of not less than $550 or more than $800; and
(2)  20 hours of community service.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1160 (H.B. 3095), Sec. 4
(j)  If it is shown on the trial of an offense under this section that the person has been previously convicted three times of an offense under this section, the offense is punishable by:
(1)  a fine of not less than $800 or more than $1,100; and
(2)  50 hours of community service.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1336 (S.B. 52), Sec. 1
(j)  If it is shown on the trial of an offense under this section that the person has been previously convicted three times of an offense under this section, the offense is punishable by:
(1)  a fine of not less than $800 or more than $1,100; and
(2)  30 hours of community service.
(k)  If it is shown on the trial of an offense under this section that the person has been previously convicted four times of an offense under this section, the offense is punishable by a fine of $1,250 and 50 hours of community service.
(l)  A person commits an offense if the person:
(1)  stands a vehicle on which are displayed license plates issued under Section 504.201 or 504.202(b-1) or a disabled parking placard in a parking space or area for which this chapter creates an exemption from payment of a fee or penalty imposed by a governmental unit;
(2)  does not have a disability;
(3)  is not transporting a person with disability; and
(4)  does not pay any applicable fee related to standing in the space or area imposed by a governmental unit or exceeds a limitation on the length of time for standing in the space or area.
(m)  Subsections (n) and (o) apply only to a person who commits an offense under Subsection (b) when the vehicle:
(1)  displays special license plates issued under Section 504.202 other than special license plates issued under Section 504.202(b-1); and
(2)  does not display a disabled parking placard.
(n)  Notwithstanding Subsections (g)-(k), an offense described by Subsection (m) is a misdemeanor punishable by a fine of not less than $25 or more than $200 or not more than 10 hours of community service, except that:
(1)  if the person has previously been convicted one time of an offense described by Subsection (m) or received a dismissal under Subsection (o), the offense is punishable by:
(A)  a fine of not less than $200 or more than $400; or
(B)  not less than 10 hours or more than 20 hours of community service; and
(2)  if the person has previously been convicted two times of an offense described by Subsection (m) or if the person has previously received a dismissal under Subsection (o) and previously been convicted one time of an offense described by Subsection (m), the offense is punishable by:
(A)  a fine of not less than $400 or more than $750; or
(B)  not less than 20 hours or more than 30 hours of community service.
(o)  The court shall dismiss a charge for an offense described by Subsection (m) if the person:
(1)  has not been previously convicted of an offense described by that subsection;
(2)  has not previously received a dismissal under this subsection; and
(3)  submits an application for a specialty license plate that includes the symbol described by Section 504.201(f) within six months after the date the person was charged with the offense.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.156(e), eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 738, Sec. 2, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1362, Sec. 6, 7, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 595, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 19.08(b), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 20.003(i), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 357 (S.B. 251), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1160 (H.B. 3095), Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1336 (S.B. 52), Sec. 1, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 92 (S.B. 792), Sec. 6, eff. January 1, 2022.
Acts 2023, 88th Leg., R.S., Ch. 416 (H.B. 1633), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1084 (S.B. 904), Sec. 1, eff. September 1, 2023.