| 1 | 1 | | By: Carona S.B. No. 1165 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the use of certain vehicles for law enforcement |
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| 7 | 7 | | purposes. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subdivisions (1) and (13-a), Section 541.201, |
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| 10 | 10 | | Transportation Code, are amended to read as follows: |
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| 11 | 11 | | (1) "Authorized emergency vehicle" means: |
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| 12 | 12 | | (A) a fire department or police vehicle; |
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| 13 | 13 | | (B) a public or private ambulance operated by a |
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| 14 | 14 | | person who has been issued a license by the Texas Department of |
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| 15 | 15 | | Health; |
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| 16 | 16 | | (C) a municipal department or public service |
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| 17 | 17 | | corporation emergency vehicle that has been designated or |
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| 18 | 18 | | authorized by the governing body of a municipality; |
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| 19 | 19 | | (D) a private vehicle of a volunteer firefighter |
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| 20 | 20 | | or a certified emergency medical services employee or volunteer |
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| 21 | 21 | | when responding to a fire alarm or medical emergency; |
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| 22 | 22 | | (E) an industrial emergency response vehicle, |
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| 23 | 23 | | including an industrial ambulance, when responding to an emergency, |
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| 24 | 24 | | but only if the vehicle is operated in compliance with criteria in |
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| 25 | 25 | | effect September 1, 1989, and established by the predecessor of the |
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| 26 | 26 | | Texas Industrial Emergency Services Board of the State Firemen's |
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| 27 | 27 | | and Fire Marshals' Association of Texas; [or] |
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| 28 | 28 | | (F) a vehicle of a blood bank or tissue bank, |
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| 29 | 29 | | accredited or approved under the laws of this state or the United |
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| 30 | 30 | | States, when making emergency deliveries of blood, drugs, |
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| 31 | 31 | | medicines, or organs; or |
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| 32 | 32 | | (G) a vehicle used for law enforcement purposes |
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| 33 | 33 | | that is owned or leased by a federal governmental entity. |
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| 34 | 34 | | (13-a) "Police vehicle" means a vehicle [of a |
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| 35 | 35 | | governmental entity primarily] used by a peace officer, as defined |
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| 36 | 36 | | by Article 2.12, Code of Criminal Procedure, for law enforcement |
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| 37 | 37 | | purposes that: |
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| 38 | 38 | | (A) is owned or leased by a governmental entity; |
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| 39 | 39 | | (B) is owned or leased by the police department |
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| 40 | 40 | | of a private institution of higher education that commissions peace |
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| 41 | 41 | | officers under Section 51.212, Education Code; or |
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| 42 | 42 | | (C) is: |
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| 43 | 43 | | (i) a private vehicle owned or leased by the |
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| 44 | 44 | | peace officer; and |
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| 45 | 45 | | (ii) approved for use for law enforcement |
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| 46 | 46 | | purposes by the head of the law enforcement agency that employs the |
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| 47 | 47 | | peace officer, or by that person's designee. |
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| 48 | 48 | | SECTION 2. Subsection (b), Section 545.421, Transportation |
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| 49 | 49 | | Code, is amended to read as follows: |
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| 50 | 50 | | (b) A signal under this section that is given by a police |
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| 51 | 51 | | officer pursuing a vehicle may be by hand, voice, emergency light, |
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| 52 | 52 | | or siren. The officer giving the signal must be in uniform and |
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| 53 | 53 | | prominently display the officer's badge of office. The officer's |
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| 54 | 54 | | vehicle must bear the insignia of a law enforcement agency, |
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| 55 | 55 | | regardless of whether the vehicle displays an emergency light [be |
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| 56 | 56 | | appropriately marked as an official police vehicle]. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2009. |
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