Texas 2009 - 81st Regular

Texas House Bill HB2936 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10227 JAM-D
2	2	By: Driver H.B. No. 2936
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of funeral vehicle escort
8	8	services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 651.001, Occupations Code, is amended by
11	11	adding Subdivision (10-a) to read as follows:
12	12	(10-a) "Funeral vehicle escort service" means a
13	13	business that facilitates the movement of traffic for a funeral
14	14	procession through the streets and highways of the state.
15	15	SECTION 2. Chapter 651, Occupations Code, is amended by
16	16	adding Subchapter H-1 to read as follows:
17	17	SUBCHAPTER H-1. LICENSE REQUIREMENTS: FUNERAL VEHICLE ESCORT
18	18	SERVICES
19	19	Sec. 651.381. FUNERAL VEHICLE ESCORT SERVICE LICENSE
20	20	REQUIREMENT. A person may not facilitate the movement of traffic
21	21	for a funeral procession unless the person is:
22	22	(1) a funeral vehicle escort service licensed under
23	23	this subchapter; or
24	24	(2) an employee of a funeral vehicle escort service
25	25	licensed under this subchapter.
26	26	Sec. 651.382. RULES. (a) The commission shall adopt rules
27	27	to administer this subchapter.
28	28	(b) Rules adopted under this section must include
29	29	provisions requiring that:
30	30	(1) a vehicle escorting a funeral procession:
31	31	(A) must be clearly and visibly marked with the
32	32	words "FUNERAL VEHICLE ESCORT SERVICE"; and
33	33	(B) may not be equipped with:
34	34	(i) flashing lights that emit a color of
35	35	light other than amber or white; or
36	36	(ii) any decal, placard, sign, or insignia
37	37	that is similar to an official police insignia or that displays the
38	38	word "Police," "Official," or "Officer"; and
39	39	(2) an operator of a vehicle escorting a funeral
40	40	procession may not wear a uniform that is of the same design as a
41	41	uniform worn by a peace officer or a badge or cap that resembles an
42	42	official peace officer badge or cap or displays the word "Police,"
43	43	"Official," or "Officer."
44	44	Sec. 651.383. EXEMPTION. This subchapter, or rules adopted
45	45	under this subchapter, may not be construed as inhibiting the
46	46	operation of an emergency vehicle or law enforcement vehicle.
47	47	SECTION 3. Chapter 546, Transportation Code, is amended by
48	48	adding Subchapter C to read as follows:
49	49	SUBCHAPTER C. AUTHORIZATION OF CERTAIN OTHER VEHICLES
50	50	Sec. 546.031. FUNERAL VEHICLE ESCORT SERVICES. (a) An
51	51	operator of a vehicle facilitating the movement of a funeral
52	52	procession as a funeral vehicle escort service licensed under
53	53	Subchapter H-1, Occupations Code, or an employee of a licensed
54	54	funeral vehicle escort service may proceed past a red or stop signal
55	55	or stop sign, after slowing as necessary for safe operation.
56	56	(b) This section does not relieve the operator of a funeral
57	57	escort vehicle from:
58	58	(1) the duty to operate the vehicle with appropriate
59	59	regard for the safety of all persons; or
60	60	(2) the consequences of reckless disregard for the
61	61	safety of others.
62	62	SECTION 4. Section 707.009, Transportation Code, is amended
63	63	to read as follows:
64	64	Sec. 707.009. REQUIRED ORDINANCE PROVISIONS. (a) An
65	65	ordinance adopted under Section 707.002 must provide that a person
66	66	against whom the local authority seeks to impose a civil penalty is
67	67	entitled to a hearing and shall:
68	68	(1) provide for the period in which the hearing must be
69	69	held;
70	70	(2) provide for the appointment of a hearing officer
71	71	with authority to administer oaths and issue orders compelling the
72	72	attendance of witnesses and the production of documents; and
73	73	(3) designate the department, agency, or office of the
74	74	local authority responsible for the enforcement and administration
75	75	of the ordinance or provide that the entity with which the local
76	76	authority contracts under Section 707.003(a)(1) is responsible for
77	77	the enforcement and administration of the ordinance.
78	78	(b) An ordinance adopted under Section 707.002 may not
79	79	impose a civil penalty on an owner of a vehicle operated in
80	80	violation of the instructions of a traffic-control signal, as
81	81	specified by Section 544.007(d), if the person is accompanied by a
82	82	funeral vehicle escort service licensed under Subchapter H-1,
83	83	Occupations Code, or an employee of a licensed funeral vehicle
84	84	escort service.
85	85	SECTION 5. Not later than January 1, 2010, the Texas Funeral
86	86	Service Commission shall adopt rules required under Section
87	87	651.382, Occupations Code, as added by this Act.
88	88	SECTION 6. This Act takes effect September 1, 2009.