Can a Texas gas station question a driver's disability before giving full service at self-serve prices?

Plain-English summary

Texas has a law (article 8613) that helps disabled drivers buy gas. A driver who cannot easily get out and pump fuel can pull into a full-service station, get the attendant to pump the gas, and pay only the self-service price. The Commissioner of Agriculture, Rick Perry, asked the Attorney General two practical questions about how that works: can a station check whether the driver is really disabled, and is it a crime for someone who is not disabled to use another person's disabled placard to get the discounted full service?

On the first question, the office concluded that the disabled parking placard or specially designed license plate is the proof. Article 8613 ties the refueling obligation to a vehicle that displays a "special device or disabled person identification card," and the office found that this was the sole way disability is established for refueling purposes. It found no statute giving a station operator either the authority or the duty to investigate whether the driver (or the person the placard was issued to) is actually disabled. The office added two practical points: nothing prohibits an operator from simply asking whether a driver is disabled, but refusing to provide the service to someone who does display a valid placard or plate can expose the manager or the responsible employee to criminal prosecution. That offense is a class C misdemeanor.

On the second question, the office concluded that the specific statutes about misusing disabled placards and license plates did not reach this situation. Transportation Code section 681.011 and the license-plate offense provisions cover the abuse or misuse of disabled parking privileges, not the use of a placard to obtain refueling service. So those statutes gave no basis to charge a non-disabled person who used someone else's placard to get the discounted full service. The office noted, though, that a person who fraudulently obtained the service could still be prosecuted under the theft chapter of the Penal Code (chapter 31).

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The opinion notes that the disabled-placard and license-plate provisions were being recodified into the Transportation Code (chapters 502 and 681) as a nonsubstantive revision in 1995, and it relies on a former civil statute (article 8613) for the refueling obligation itself. The statutes have been renumbered and amended since, and the eligibility standards and offense definitions may have changed. Read this page for the office's 1995 reasoning, and check the current Transportation Code and any successor to article 8613 before relying on any specific rule here.

What the opinion meant at the time

For gas station operators and their employees: At the time of the opinion, a station that sold fuel had to provide refueling service on request to a disabled driver whose vehicle displayed a disabled parking placard or specially designed license plate, at no more than the self-serve price. The operator had no authority or duty to verify the driver's disability beyond the placard or plate, and refusing service to a displaying driver could result in a class C misdemeanor charge against the manager or the employee responsible.

For disabled drivers: The opinion meant a driver who displayed a valid placard or plate was entitled to the service at the self-serve price and did not have to prove disability beyond the credential. (The opinion noted certain exceptions, such as stations with only remotely controlled pumps that never offer pump-island service.)

For prosecutors and the Department of Agriculture: The opinion clarified that the placard/plate misuse statutes did not, by themselves, criminalize using another person's placard to get refueling service, while leaving open ordinary theft prosecution for someone who fraudulently obtained the service.

Common questions

Did a Texas gas station have to pump gas for a disabled driver at the self-serve price?
Yes. Under this 1995 opinion, a station that sold fuel had to provide refueling service on request to a disabled driver whose vehicle displayed a disabled parking placard or specially designed license plate, and could charge no more than the price it would charge the general public for self-serve fuel.

Could the station demand proof that the driver was really disabled?
No. The office concluded the placard or plate was the sole basis for establishing disability for refueling purposes, and that the operator had no authority or duty to investigate further. The opinion did note that nothing prohibited an operator from simply asking.

What happened if a station refused to refuel a disabled driver who showed a placard?
The office cautioned that failing to provide the service to a person displaying a valid placard or plate could subject the responsible manager or employee to criminal prosecution, an offense classified as a class C misdemeanor.

Was it a crime for someone who isn't disabled to use another person's placard to get the discounted full service?
The office concluded the placard and license-plate misuse statutes did not cover that situation, because they address parking privileges, not refueling service. But it noted that a person who fraudulently obtained the service could still be prosecuted under the Penal Code's theft provisions (chapter 31).

Background and statutory framework

Article 8613 required any operator of a gasoline service station or similar fuel-selling facility to provide, on request, refueling service to a disabled driver whose vehicle displayed a special device or disabled person identification card, and capped the price at what the facility would otherwise charge the public for fuel without refueling service (V.T.C.S. art. 8613, § 2). "Refueling service" was defined as pumping motor vehicle fuel into the tank (§ 1). The act exempted certain facilities, such as stations with only remotely controlled pumps that never provide pump-island service, stations that suspend pump-island service for security reasons during scheduled hours, and liquefied-gas refueling (§ 3, referencing Tax Code section 153.001).

Eligibility ran through the Transportation Code. Section 502.253 governs specially designed disability license plates and defines who has a "disability" (mobility problems substantially impairing the ability to ambulate, or specified low visual acuity). Section 681.002 directs the department to provide a removable disabled parking placard, and section 681.003 lets the owner of a vehicle used primarily to transport a person with a disability apply for a placard, with medical proof required for the initial application except in limited circumstances. The office read article 8613 together with these provisions and concluded the credential (placard or plate) was the sole means of establishing disability for refueling, relying also on the legislative history of the 1989 bill (H.B. 182), which described the goal as giving a properly identified disabled person full service at a self-service price.

On enforcement, article 8613, section 5(a) makes it an offense (a class C misdemeanor under section 5(b); see Penal Code section 12.23) for a responsible managing individual setting service policy, or an employee acting against established policy, to violate section 2. For the misuse question, the office distinguished the offense statutes: Transportation Code section 681.011 and the license-plate offense provisions in chapter 502, subchapter H address abuse of parking privileges, not refueling service, so they did not criminalize using another's placard to obtain refueling service, though Penal Code chapter 31 (theft) could reach a fraudulent recipient.

Citations

Statutes discussed:

• V.T.C.S. article 8613 (refueling service for disabled drivers; § 1 definition, § 2 obligation and price cap, § 3 exemptions, § 4(b) notice, § 5 offense)
• Transportation Code § 502.253 (specially designed disability license plates; definition of "disability"); § 681.002 (removable disabled parking placard); § 681.003 (placard application and medical proof); § 681.011 (placard-misuse offenses); chapter 502, subchapter H (license-plate offenses)
• Penal Code chapter 31 (theft); § 12.23 (class C misdemeanor punishment)
• Tax Code § 153.001 (definition of liquefied gas)
• Former article 6675a-5e.1, V.T.C.S. (repealed; recodified into Transportation Code chapters 502 and 681)

Legislative history cited:

• House Comm. on State Affairs, Bill Analysis, H.B. 182, 71st Leg., R.S. (1989); committee hearing testimony (Apr. 24, 1989)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/dan-morales/dm-0365
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1995/dm0365.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain (including footnote numbering) — the linked PDF is authoritative.

Office of the Attorney General
State of Texas

DAN MORALES
ATTORNEY GENERAL

November 9, 1995

Honorable Rick Perry
Commissioner
Texas Department of Agriculture
P.O. Box 12847
Austin, Texas 78711

Opinion No. DM-365

Re: Whether V.T.C.S. article 8613, which regulates the sale of motor vehicle fuel to disabled persons, is applicable to any vehicle that displays an appropriate "special device" or "disabled person" identification card (RQ-623)

Dear Commissioner Perry:

You ask about the proper construction of a Texas statute that governs refueling 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. Specifically, 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.[1] It states:

(a) Each person, firm, partnership, association, trustee, 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, refueling 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 64th Legislature, Regular Session, 1975 (Article 6675a-5e.1, Vernon's Texas Civil Statutes).[2]
(b) The price charged for the motor vehicle fuel 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 fuel without refueling service.

V.T.C.S. art. 8613, § 2 (footnote added). Thus, article 8613 obligates operators of gasoline stations with both "full-serve" and "self-serve" facilities to provide refueling services at "self-serve" prices to those disabled drivers who display a special license plate issued pursuant to section 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 shall 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., R.S., ch. 165, § 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 disabilities. The relevant language states:

(a) The department shall provide for the issuance of specially designed license plates for [motor vehicles] regularly operated for noncommercial use by or for the transportation of a person with a permanent disability.
(b) A person has a disability if 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 correcting lenses; or
(3) visual acuity of more than 20/200 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. Transp. Code § 681.002. Similarly, the owner of a motor vehicle used primarily for the transportation of a person with a disability may apply for a disabled parking placard. Id. § 681.003(a). The initial application must be accompanied by acceptable medical proof that the operator or regularly transported passenger actually has a disability. However, a written statement from a physician is not required in limited circumstances. Id. § 681.003(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 refueling services, 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 gasoline 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 Affairs, Bill Analysis, H.B. 182, 71st Leg., R.S. (1989). During a hearing before the committee, Representative Hury, 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 full service facility — that person should be able to enjoy the full service facility, but at a self-service price. And if the bill doesn't say that, then I'm not for it.

Hearings on H.B. 182 Before the House Comm. on State Affairs, 71st Leg. (Apr. 24, 1989) (statement of Representative Hury) (tape available from House Video/Audio Services). Accordingly, we further 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 refueling services to a person who displays a special device or disabled person identification card authorized by sections 502.253 and 681.002 of the Transportation Code may subject a managing individual or employee to criminal prosecution. Article 8613, section 5(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 offense.[4]

With regard to your second inquiry, section 681.011 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 Transp. Code § 681.011. Chapter 502, Subchapter H sets forth the offenses and penalties associated with the use of specially designed license plates. Similarly, this chapter makes no reference to the procurement or the use of the license plate in conjunction with refueling services. Accordingly, we conclude that these particular statutes do not provide a basis for recognizing an offense 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. 31.

SUMMARY

With few exceptions, V.T.C.S. article 8613, section 2(a) and (b) obligates operators of gasoline stations with "full-serve" and "self-serve" facilities to provide refueling services at "self-serve" prices to those disabled drivers who display a special license plate or 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 identification card or license plate was issued is actually disabled. However, we are not cognizant of any prohibition against merely inquiring whether a driver is in fact disabled.
V.T.C.S. article 8613, section (2) provides the sole authority for determining disability with regard to the use of a disabled placard or license plate to receive refueling services. Chapter 502, subchapter H and section 681.011 of the Transportation Code do not provide a basis for recognizing an offense where a person who is not disabled obtains refueling services through the fraudulent use of another's disabled placard or license plate. However, failure to provide refueling services to a person who displays a disabled parking placard or specially designed license plate authorized by sections 502.253 and 681.002 of the Transportation Code may subject a managing individual or employee to criminal prosecution. V.T.C.S. art. 8613, § 5.

DAN MORALES
Attorney General of Texas

JORGE VEGA
First Assistant Attorney General

SARAH J. SHIRLEY
Chair, Opinion Committee

Prepared by Toya Cirica Cook
Assistant Attorney General

Footnotes:

[1] The term "refueling service" is defined as the service of pumping motor vehicle fuel into the fuel tank of a motor vehicle. V.T.C.S. art. 8613, § 1.

[2] The Seventy-fourth Legislature repealed article 6675a-5e.1, V.T.C.S. Act of May 1, 1995, 74th Leg., R.S., ch. 165, § 1, 1995 Tex. Sess. Law Serv. 1025, 1031. The provisions of article 6675a-5e.1, V.T.C.S., are now codified in the Transportation Code at chapters 502 and 681. Id. § 1, at 1505, 1780. The codification of article 6675a-5e.1 in the Transportation Code is a nonsubstantive revision. Id. § 1, at 1031; § 25, at 1871. For the purpose of this opinion we will refer to the Transportation Code.

[3] The provisions 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 never provides pump island service; or (B) during regularly scheduled hours in which, for security reasons, a station or facility that ordinarily provides pump island service does not provide that service; or (2) refueling service to provide liquefied gas, as that term is defined by Section 153.001, Tax Code. V.T.C.S. art. 8613, § 3.

[4] An offense under this section is a class C misdemeanor. V.T.C.S. art. 8613, § 5(b); see Penal Code § 12.23.