43 Tex. Admin. Code § 217.41

Current through Reg. 49, No. 44; November 1, 2024
Section 217.41 - Disabled Person License Plates and Disabled Parking Placards
(a) Purpose. Transportation Code, Chapters 504 and 681, charge the department with the responsibility for issuing specially designed license plates and disabled parking placards for disabled persons. For the department to perform these duties efficiently and effectively, this section prescribes the policies and procedures for the application, issuance, and renewal of disabled person license plates and disabled parking placards.
(b) Issuance.
(1) For purposes of this section, "disabled person" means a person eligible for issuance of a license plate bearing the International Symbol of Access under Transportation Code § 504.201, including a qualifying disabled veteran under §504.202(b-1).
(2) Disabled person license plates.
(A) Eligibility. In accordance with Transportation Code § 504.201 and § 504.202(b-1) and (b-2), the department will issue specially designed license plates displaying the International Symbol of Access to permanently disabled persons or their transporters instead of regular motor vehicle license plates. As satisfactory proof of eligibility, an organization that transports disabled veterans who would qualify for license plates issued under Transportation Code § 504.202(b-1) must provide a written statement from the veteran's county service officer of the county in which a vehicle described by Transportation Code § 504.202(c) is registered or by the Department of Veterans Affairs that:
(i) the vehicle is used exclusively to transport veterans of the United States armed forces who have suffered, as a result of military service, a service-connected disability;
(ii) the vehicle regularly transports veterans who are eligible to receive license plates under Subsection (b-1); and
(iii) the veterans are not charged for the transportation.
(B) Specialty license plates. The department will issue disabled person specialty license plates displaying the International Symbol of Access that can accommodate the identifying insignia and that are issued in accordance with § 217.43 or § 217.45 of this title.
(C) License plate number. Disabled person license plates will bear a license plate number assigned by the department or will bear a personalized license plate number issued in accordance with § 217.43 or § 217.45 of this title.
(3) Windshield disabled parking placards.
(A) Issuance. The department will issue removable windshield disabled parking placards to temporarily or permanently disabled persons and to the transporters of permanently disabled persons, as provided under Transportation Code §§ 504.201, 504.202, and 681.004.
(B) Display. A person who has been issued a windshield disabled parking placard shall hang the placard from a vehicle's rearview mirror when the vehicle is parked in a disabled person parking space or shall display the placard on the center portion of the dashboard if the vehicle does not have a rearview mirror.
(c) Renewal of disabled person license plates. Disabled person license plates are valid for a period of 12 months from the date of issuance and are renewable as specified in §§ 217.28, 217.43, and 217.45 of this title.
(d) Replacement.
(1) License plates. If a disabled person metal license plate is lost, stolen, or mutilated, the owner may obtain a replacement metal license plate by applying with a county tax assessor-collector.
(A) Accompanying documentation. To replace disabled person metal license plates, the owner must present the current year's registration receipt and personal identification acceptable to the county tax assessor-collector.
(B) Absence of accompanying documentation. If the current year's registration receipt is not available and the county tax assessor-collector cannot verify that the disabled person metal license plates were issued to the owner, the owner must reapply in accordance with this section.
(2) Disabled parking placards. If a disabled parking placard becomes lost, stolen, or mutilated, the owner may obtain a new disabled parking placard in accordance with this section.
(e) Transfer of disabled person license plates and disabled parking placards.
(1) License plates.
(A) Transfer between persons. Disabled person license plates may not be transferred between persons. An owner who sells or trades a vehicle to which disabled person license plates have been issued shall remove the disabled person license plates from the vehicle. The owner shall return the license plates to the department and shall obtain appropriate replacement license plates to place on the vehicle prior to any transfer of ownership.
(B) Transfer between vehicles. Disabled person license plates may be transferred between vehicles if the county tax assessor-collector or the department can verify the plate ownership and the owner of the vehicle is a disabled person or the vehicle is used to transport a disabled person.
(i) Plate ownership verification may include:
(I) a Registration and Title System (RTS) inquiry;
(II) a copy of the department application for disabled person license plates; or
(III) the owner's current registration receipt.
(ii) An owner who sells or trades a vehicle with disabled person license plates must remove the plates from the vehicle.
(iii) The department will provide a form that persons may use to facilitate a transfer of disabled person license plates between vehicles.
(2) Disabled parking placards.
(A) Transfer between vehicles. Disabled parking placards may be displayed in any vehicle driven by the disabled person or in which the disabled person is a passenger.
(B) Transfer between persons. Disabled parking placards may not be transferred between persons.
(f) Seizure and revocation of disabled parking placard.
(1) If a law enforcement officer seizes and destroys a disabled parking placard under Transportation Code § 681.012, the officer shall notify the department by email.
(2) The person to whom the seized disabled parking placard was issued may apply for a new disabled parking placard by submitting an application to the county tax assessor-collector of the county in which the person with the disability resides or in which the applicant is seeking medical treatment.

43 Tex. Admin. Code § 217.41

The provisions of former §217.41 adopted to be effective March 4, 2010, 35 TexReg 1761; amended to be effective August 9, 2012, 37 TexReg 5816; Current version Adopted by Texas Register, Volume 40, Number 10, March 6, 2015, TexReg 1101, eff. 3/12/2015; Amended by Texas Register, Volume 43, Number 08, February 23, 2018, TexReg 1145, eff. 3/1/2018; Amended by Texas Register, Volume 44, Number 52, December 27, 2019, TexReg 8338, eff. 1/2/2020; Amended by Texas Register, Volume 45, Number 26, June 26, 2020, TexReg 4358, eff. 7/12/2020; Amended by Texas Register, Volume 46, Number 46, November 12, 2021, TexReg 7808, eff. 1/1/2022