81R10227 JAM-D
By: Driver H.B. No. 2936
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of funeral vehicle escort
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 651.001, Occupations Code, is amended by
adding Subdivision (10-a) to read as follows:
(10-a) "Funeral vehicle escort service" means a
business that facilitates the movement of traffic for a funeral
procession through the streets and highways of the state.
SECTION 2. Chapter 651, Occupations Code, is amended by
adding Subchapter H-1 to read as follows:
SUBCHAPTER H-1. LICENSE REQUIREMENTS: FUNERAL VEHICLE ESCORT
SERVICES
Sec. 651.381. FUNERAL VEHICLE ESCORT SERVICE LICENSE
REQUIREMENT. A person may not facilitate the movement of traffic
for a funeral procession unless the person is:
(1) a funeral vehicle escort service licensed under
this subchapter; or
(2) an employee of a funeral vehicle escort service
licensed under this subchapter.
Sec. 651.382. RULES. (a) The commission shall adopt rules
to administer this subchapter.
(b) Rules adopted under this section must include
provisions requiring that:
(1) a vehicle escorting a funeral procession:
(A) must be clearly and visibly marked with the
words "FUNERAL VEHICLE ESCORT SERVICE"; and
(B) may not be equipped with:
(i) flashing lights that emit a color of
light other than amber or white; or
(ii) any decal, placard, sign, or insignia
that is similar to an official police insignia or that displays the
word "Police," "Official," or "Officer"; and
(2) an operator of a vehicle escorting a funeral
procession may not wear a uniform that is of the same design as a
uniform worn by a peace officer or a badge or cap that resembles an
official peace officer badge or cap or displays the word "Police,"
"Official," or "Officer."
Sec. 651.383. EXEMPTION. This subchapter, or rules adopted
under this subchapter, may not be construed as inhibiting the
operation of an emergency vehicle or law enforcement vehicle.
SECTION 3. Chapter 546, Transportation Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. AUTHORIZATION OF CERTAIN OTHER VEHICLES
Sec. 546.031. FUNERAL VEHICLE ESCORT SERVICES. (a) An
operator of a vehicle facilitating the movement of a funeral
procession as a funeral vehicle escort service licensed under
Subchapter H-1, Occupations Code, or an employee of a licensed
funeral vehicle escort service may proceed past a red or stop signal
or stop sign, after slowing as necessary for safe operation.
(b) This section does not relieve the operator of a funeral
escort vehicle from:
(1) the duty to operate the vehicle with appropriate
regard for the safety of all persons; or
(2) the consequences of reckless disregard for the
safety of others.
SECTION 4. Section 707.009, Transportation Code, is amended
to read as follows:
Sec. 707.009. REQUIRED ORDINANCE PROVISIONS. (a) An
ordinance adopted under Section 707.002 must provide that a person
against whom the local authority seeks to impose a civil penalty is
entitled to a hearing and shall:
(1) provide for the period in which the hearing must be
held;
(2) provide for the appointment of a hearing officer
with authority to administer oaths and issue orders compelling the
attendance of witnesses and the production of documents; and
(3) designate the department, agency, or office of the
local authority responsible for the enforcement and administration
of the ordinance or provide that the entity with which the local
authority contracts under Section 707.003(a)(1) is responsible for
the enforcement and administration of the ordinance.
(b) An ordinance adopted under Section 707.002 may not
impose a civil penalty on an owner of a vehicle operated in
violation of the instructions of a traffic-control signal, as
specified by Section 544.007(d), if the person is accompanied by a
funeral vehicle escort service licensed under Subchapter H-1,
Occupations Code, or an employee of a licensed funeral vehicle
escort service.
SECTION 5. Not later than January 1, 2010, the Texas Funeral
Service Commission shall adopt rules required under Section
651.382, Occupations Code, as added by this Act.
SECTION 6. This Act takes effect September 1, 2009.