Texas 2015 - 84th Regular

Texas House Bill HB2722 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R22839 SCL-D
2	1		By: Goldman, Israel, Simmons H.B. No. 2722
3		-	Substitute the following for H.B. No. 2722:
4		-	By: Pickett C.S.H.B. No. 2722
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to prohibition of the operation and sale of certain motor
10	7		vehicles resembling authorized emergency vehicles; creating a
11	8		criminal offense.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Subchapter A, Chapter 546, Transportation Code,
14	11		is amended by adding Section 546.008 to read as follows:
15	12		Sec. 546.008. USE OF CERTAIN EXTERNAL MOTOR VEHICLE
16	13		MARKINGS OR FEATURES PROHIBITED; CRIMINAL OFFENSE. (a) A person
17	14		may not operate a motor vehicle in this state that resembles an
18	15		authorized emergency vehicle unless the person uses the motor
19	16		vehicle to provide emergency services as authorized by law or the
20	17		person uses the vehicle for other legitimate governmental
21	18		functions, including police, fire, or other emergency services.
22	19		(b) A motor vehicle resembles an authorized emergency
23	20		vehicle if the vehicle has on the exterior of the vehicle any
24	21		equipment or insignia that could lead a reasonable person to
25	22		believe that the vehicle is an authorized emergency vehicle,
26	23		including:
27		-	(1) the words "ambulance~~," "police,~~" or "~~fire~~" or a
28		-	~~derivation~~ of those words;
	24	+	(1) the words "ambulance" or "police" or a derivation
	25	+	of those words;
29	26		(2) the words "critical care transport," "emergency,"
30	27		"emergency medical services," or "mobile intensive care unit";
31	28		(3) the acronym "EMS" or "MICU";
32	29		(4) a star of life as trademarked by the National
33	30		Highway Traffic Safety Administration;
34	31		(5) a Maltese cross commonly used by fire departments;
35	32		(6) forward-facing flashing red, white, or blue
36		-	lights;
37		-	(7) a siren;
38		-	(8) an amber warning light;
39		-	(9) a spotlight;
40		-	(10) a grill light;
41		-	(11) a push bumper;
42		-	(12) exterior vinyl wrap;
43		-	(13) an antenna;
44		-	(14) an emergency services emblem or insignia or an
45		-	outline of the emblem or insignia; or
46		-	(15) another similar item of emergency vehicle
47		-	equipment.
	33	+	lights; or
	34	+	(7) a siren.
48	35		(c) A person commits an offense if the person violates this
49	36		section. An offense under this subsection is a Class C misdemeanor.
50	37		(d) This section does not apply to a motor vehicle bearing
51		-	an antique license plate issued or approved under Section 504.502.
	38	+	an antique license plate issued or approved under Section 504.502
	39	+	or privately owned vehicles used in the course of firefighting
	40	+	functions.
52	41		SECTION 2. Subchapter C, Chapter 728, Transportation Code,
53	42		is amended by adding Section 728.022 to read as follows:
54	43		Sec. 728.022. SALE OR TRANSFER OF LOCAL OR PRIVATE
55	44		EMERGENCY VEHICLE. (a) In this section:
56	45		(1) "Authorized emergency vehicle" means a vehicle
57	46		described by Section 541.201(1).
58	47		(2) "Equipment or insignia" means the equipment or
59	48		insignia described by Section 546.008(b).
60	49		(3) "Political subdivision" means a county,
61	50		municipality, school district, junior college district, other
62	51		special district, or other subdivision of state government.
63	52		(b) Except as provided by Subsection (c), an authorized
64	53		emergency vehicle owned by a political subdivision or a private
65	54		person may not be sold or transferred to the public unless all
66	55		equipment or insignia that could lead a reasonable person to
67	56		believe that the vehicle is an authorized emergency vehicle is
68	57		removed before the sale or transfer.
69	58		(c) A political subdivision may not sell or transfer an
70	59		authorized emergency vehicle to a security services contractor who
71	60		is regulated by the Department of Public Safety and licensed under
72		-	Chapter 1702, Occupations Code, unless each emblem or insignia that
73		-	identifies the vehicle as a public law enforcement vehicle is
74		-	removed before the sale or transfer.
	61	+	Chapter 1702, Occupations Code, or a private individual seeking to
	62	+	use the vehicle for firefighting functions
	63	+	unless each emblem or
	64	+	insignia that identifies the vehicle as a public law enforcement
	65	+	vehicle is removed before the sale or transfer.
75	66		(d) A private person who sells or transfers an authorized
76	67		emergency vehicle to a member of the public in violation of this
77	68		section is liable for damages proximately caused by the use of that
78	69		vehicle during the commission of a crime.
79	70		(e) This section does not apply to a motor vehicle bearing
80	71		an antique license plate issued or approved under Section 504.502.
81	72		SECTION 3. The change in law made by Section 728.022(d),
82	73		Transportation Code, as added by this Act, applies only to a cause
83	74		of action that accrues on or after the effective date of this Act.
84	75		SECTION 4. This Act takes effect September 1, 2015.