84R22839 SCL-D
By: Goldman, Israel, Simmons H.B. No. 2722
Substitute the following for H.B. No. 2722:
By: Pickett C.S.H.B. No. 2722
A BILL TO BE ENTITLED
AN ACT
relating to prohibition of the operation and sale of certain motor
vehicles resembling authorized emergency vehicles; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 546, Transportation Code,
is amended by adding Section 546.008 to read as follows:
Sec. 546.008. USE OF CERTAIN EXTERNAL MOTOR VEHICLE
MARKINGS OR FEATURES PROHIBITED; CRIMINAL OFFENSE. (a) A person
may not operate a motor vehicle in this state that resembles an
authorized emergency vehicle unless the person uses the motor
vehicle to provide emergency services as authorized by law or the
person uses the vehicle for other legitimate governmental
functions, including police, fire, or other emergency services.
(b) A motor vehicle resembles an authorized emergency
vehicle if the vehicle has on the exterior of the vehicle any
equipment or insignia that could lead a reasonable person to
believe that the vehicle is an authorized emergency vehicle,
including:
(1) the words "ambulance," "police," or "fire" or a
derivation of those words;
(2) the words "critical care transport," "emergency,"
"emergency medical services," or "mobile intensive care unit";
(3) the acronym "EMS" or "MICU";
(4) a star of life as trademarked by the National
Highway Traffic Safety Administration;
(5) a Maltese cross commonly used by fire departments;
(6) forward-facing flashing red, white, or blue
lights;
(7) a siren;
(8) an amber warning light;
(9) a spotlight;
(10) a grill light;
(11) a push bumper;
(12) exterior vinyl wrap;
(13) an antenna;
(14) an emergency services emblem or insignia or an
outline of the emblem or insignia; or
(15) another similar item of emergency vehicle
equipment.
(c) A person commits an offense if the person violates this
section. An offense under this subsection is a Class C misdemeanor.
(d) This section does not apply to a motor vehicle bearing
an antique license plate issued or approved under Section 504.502.
SECTION 2. Subchapter C, Chapter 728, Transportation Code,
is amended by adding Section 728.022 to read as follows:
Sec. 728.022. SALE OR TRANSFER OF LOCAL OR PRIVATE
EMERGENCY VEHICLE. (a) In this section:
(1) "Authorized emergency vehicle" means a vehicle
described by Section 541.201(1).
(2) "Equipment or insignia" means the equipment or
insignia described by Section 546.008(b).
(3) "Political subdivision" means a county,
municipality, school district, junior college district, other
special district, or other subdivision of state government.
(b) Except as provided by Subsection (c), an authorized
emergency vehicle owned by a political subdivision or a private
person may not be sold or transferred to the public unless all
equipment or insignia that could lead a reasonable person to
believe that the vehicle is an authorized emergency vehicle is
removed before the sale or transfer.
(c) A political subdivision may not sell or transfer an
authorized emergency vehicle to a security services contractor who
is regulated by the Department of Public Safety and licensed under
Chapter 1702, Occupations Code, unless each emblem or insignia that
identifies the vehicle as a public law enforcement vehicle is
removed before the sale or transfer.
(d) A private person who sells or transfers an authorized
emergency vehicle to a member of the public in violation of this
section is liable for damages proximately caused by the use of that
vehicle during the commission of a crime.
(e) This section does not apply to a motor vehicle bearing
an antique license plate issued or approved under Section 504.502.
SECTION 3. The change in law made by Section 728.022(d),
Transportation Code, as added by this Act, applies only to a cause
of action that accrues on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2015.