SB 904
SB 904
For this weekly feature, we profile a noteworthy bill that is going through the legislative process. The bill may relate directly to TCDD’s Public Policy Priorities or another disability-related issue.
Table of Contents
Bill: Senate Bill (SB) 904, which clarifies enforcement of the unauthorized use of parking spaces designated for people with disabilities.
Bill Author: Sen. Drew Springer, Senate District 30 (Muenster)
Share This Bill
We’ve created a Bill of the Week one-pager (PDF) for SB 904. This is a simplified explanation of the bill that you can share with your representative and personal network.
Background
In 2019, the 86th Texas Legislature approved House Bill (HB) 3163, which updated the standards of accessible parking spaces. The bill required the international symbol of access to be painted on parking spaces and the words “NO PARKING” painted on any access aisle adjacent to a parking space. While the Texas Commission of Licensing and Regulation (TCLR) adopted these requirements, it only inspects newly constructed parking areas for compliance. Many clearly marked accessible parking spaces still follow the previous guidelines and are awaiting updates. Local enforcement has stopped issuing tickets to vehicles parked in spaces intended for individuals with disabilities because these parking spaces do not meet the current standards. Some judges are declining citations for accessible parking violations if the space is not marked according to the new standards.
As a result, adults who don’t need to use accessible parking spaces can park in clearly marked accessible-only spaces without consequence, worsening the shortage of accessible spaces and creating barriers for people with disabilities.
What does the bill do?
SB 904 would amend the Transportation Code regarding the offense of parking in a space or area designated specifically for people with disabilities. The bill establishes that a person cannot avoid a parking violation simply because a space is not in compliance with the updated standards set by TCLR. If a parking area is designated for persons with disabilities and is in general compliance with TCLR standards, a person who doesn’t need to use accessible parking cannot park there.
The bill also states that a peace officer may issue a warning for an accessible parking violation but may not issue a citation if the space does not have a sign identifying the parking space in accordance with TCLR requirements. These guidelines require a sign identifying an accessible parking space to include a statement regarding the potential consequences of illegally parking a vehicle in the space. Consequences could include the towing of a vehicle or the assessment of a fine or other penalty against the vehicle owner or operator.
If passed, SB 904 would take effect on Sept. 1, 2023. It would apply only to offenses committed after the effective date.
Statement from Sen. Drew Springer, bill author:
“[SB 904] clearly just seeks to clarify that [judges] can enforce the way the existing [parking spaces] were as well as the new ones, and if you park in [an accessible] spot and you’re not supposed to you ought to get a ticket.”
Where is the bill in the process?
SB 904 was passed by the Senate on March 22, and passed by the House on May 19. The bill will now head to the governor’s desk for signature into law.
The bill received a public hearing before the Senate Transportation Committee on March 15. You can watch the discussion on it here, beginning at the 14:30 mark.
On May 3, SB 904 received a public hearing before the House Transportation Committee. You can watch that discussion here, beginning at the 41:55 mark.
Who supports the bill and why?
The following comment was provided at the March 15 hearing on SB 904:
- CTD: Chase Bearden, the deputy director of the Coalition of Texans with Disabilities (CTD), testified in support of the bill. He noted the importance of the measure and indicated that judges in Texas are dismissing accessible parking violations without prosecution and that this bill will help address the issue. He stated: “What happens when you have a law that continually gets dismissed and there’s no enforcement is that people just stop paying attention to it, so we appreciate this fix.”
Support for the bill was also registered by Farm & City, but no testimony was provided.
Who opposes the bill and why?
No opposition was registered during either hearing on SB 904.
Additional Information
TCDD adopted the following language as one of our 2023 Public Policy Priorities:
Accessible Parking: Strengthen the enforcement and increase the availability of accessible parking spaces. Address placard fraud and abuse of parking in striped spaces by revising criminal and civil penalties and improving public awareness. Develop innovative, collaborative solutions to adjust for the growing demand of accessible parking spaces as our population ages and more people acquire or are diagnosed with mobility disabilities.
The Governor’s Committee on People with Disabilities previously issued a comprehensive report (PDF, 1.6 MB, 79 pages) on accessible parking issues in Texas. They included a recommendation to “strengthen enforcement of accessible parking laws” in their 2024-2025 Policy Recommendations Report to the 88th Texas Legislature (PDF, 674 KB, 75 pages).
How much will the bill cost?
The Legislative Budget Board found SB 904 would not impact the state budget in a significant way.
Is there a Senate companion to the bill?
There is no House companion to SB 904.
Stay Informed
For the latest information about where SB 904 is in the process, follow the bill on the Texas Legislature Online. To receive future legislative updates from TCDD follow us on Twitter, Facebook, Instagram, and LinkedIn.
Disability Policy Academy
For a broader rundown of the legislative session, join TCDD on Wednesday, June 14, for a Disability Policy Academy titled, “A Capitol Recap: Disability Policy in the 88th Legislature.” The event will be held via Zoom, is open to the public, and is free to attend. Participants must register online ahead of time.
Time: 1-2:30 p.m. CT
Register to attend (you can no longer register. This event has passed.)
Bill of the Week Updates
Here is an update on previous TCDD Bills of the Week for the 88th legislative session.
The following bills were recently signed into law by the governor, and go into effect on Sept. 1, 2023:
- HB 109, which requires health plans to approve claims for hearing aids that cost more than the allowable benefit if patients pay for the cost difference
- HB 446, which updates the terminology used in law to refer to intellectual disabilities
HB 54 recently passed out of the Senate. The bill would increase the personal needs allowance for residents of long-term care facilities. It now heads back to the House, which will decide to accept changes made to the bill in the Senate or form a conference committee to work out the differences. In the House version, the allowance would increase from the current $60 a month to $85. In the Senate version, the allowance would be $75 per month. The Senate also removed a House provision requiring the Texas Health and Human Services Commission’s executive commissioner to review the allowance total every two years and make increases when necessary due to inflation.
SB 477 is scheduled for consideration by the full House on May 20. The bill would improve accessibility for voters with disabilities and give voters with mobility-related disabilities priority access to vote at polling locations.
Several bills are still awaiting hearings in the Senate. If they are not considered and passed out of their respective committee by Monday, they are essentially dead for the session. These bills include:
- HB 140, which would require the implementation of a statewide program to provide certain co-navigation services to deaf-blind individuals
- HB 195, which would ensure a safety plan for people with disabilities in a disaster or emergency on a school campus
- HB 272, which would update state terminology referring to individualized education program teams
- HB 381, which would prohibit the death penalty from being applied to a person with an intellectual disability
- HB 4702, which would establish peer supports for individuals with DD as a billable service under Medicaid
