1. (a) When the legislature is in session, the department shall assign and have marked, for unrestricted use by members and administrative staff of the legislature, the reserved parking spaces in the Capitol Complex requested by the respective houses of the legislature. A request for parking spaces reserved pursuant to this subsection shall be limited to spaces in the Capitol area and the additional spaces in state parking lots proximately located to the Capitol.
2. (b) When the legislature is not in session, the department shall, at the request of the respective legislative bodies, assign and have marked the spaces requested for use by members and administrative staff of the legislature, in the areas described in subsection (a) of this section.
3. (c) The department may assign parking spaces to elected state officials and appointed heads of state agencies who occupy space in state buildings located within the Capitol Complex.

4. (d) The department will assign parking spaces to state employees with disabilities. See §4.31 of this title (relating to General).

   1. (1) A state employee will be considered eligible for permanent assignment to a free reserved disabled person's parking space if:

      1. (A) the person holds a Texas Department of Transportation disabled person parking privilege issued by a county tax assessor-collector; or
      2. (B) the nature of the disability impairs mobility to the degree that walking any appreciable distance to the employee's work station would be difficult, or impossible, for the employee to accomplish.
   2. (2) The application for a disabled permit must be accompanied by evidence that the person holds a Texas Department of Transportation disabled parking privilege issued by a tax assessor-collector, or acceptable medical proof from a licensed physician that the state employee is currently disabled.
   3. (3) Qualified employees with a disability shall be entitled to a free reserved space as near as possible to their work location.
   4. (4) State employees who are ill, or who have been injured, may receive a free reserved space for up to 30 days without medical proof from a licensed physician.
5. (e) If spaces are available, the department may assign parking spaces to car pools. See §4.39 of this title (relating to Car Pools).
6. (f) The department may assign an appropriate number of reserved parking spaces to state agencies housed in the Capitol Complex, or in other state facilities administered by the department whether or not located in the City of Austin. See §4.32 of this title (relating to Assignment to a Reserved Space or Open Facility).
7. (g) All remaining parking facilities under the charge and control of the department in the area described in subsection (f) of this section may be made available for use by state employees. Such employees shall be those working for agencies who occupy space in state buildings, located within the area specified in subsection (f) of this section.
8. (h) To implement the requirements of this section, the department shall not be required to assign all of the spaces available. The department by discretion may make use of any unassigned spaces designated under this section, so long as that use is in accordance with Texas Government Code, §§411.061-411.067, and these sections.

Source Note:The provisions of this §4.36 adopted to be effective November 10, 1992, 17 TexReg 7590; amended to be effective February 7, 1997, 22 TexReg 1172.