By: Giddings, Guillen (Senate Sponsor - Menéndez) H.B. No. 473
(In the Senate - Received from the House May 4, 2015;
May 5, 2015, read first time and referred to Committee on Criminal
Justice; May 13, 2015, reported favorably by the following vote:
Yeas 7, Nays 0; May 13, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on the sale or transfer of certain law
enforcement vehicles before removal of certain equipment and
insignia.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 2175, Government Code, is
amended by adding Section 2175.908 to read as follows:
Sec. 2175.908. SALE OR TRANSFER OF LAW ENFORCEMENT VEHICLE.
(a) Except as provided by Subsection (b), the commission or another
state agency, including an agency delegated the authority to
dispose of surplus or salvage property under Section 2175.065, may
not sell or transfer a marked patrol car or other law enforcement
motor vehicle to the public unless the state agency first removes
any equipment or insignia that could mislead a reasonable person to
believe that the vehicle is a law enforcement motor vehicle,
including any police light, siren, amber warning light, spotlight,
grill light, antenna, emblem, outline of an emblem, and emergency
vehicle equipment.
(b) The commission or another state agency, including an
agency delegated the authority to dispose of surplus or salvage
property under Section 2175.065, may not sell or transfer a marked
patrol car or other law enforcement motor 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 law
enforcement motor vehicle is removed before the sale or transfer.
SECTION 2. Section 2175.304, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) Section 2175.908 applies to a university system or
institution or agency of higher education included within the
definition of "state agency" under Section 2151.002.
SECTION 3. Chapter 272, Local Government Code, is amended
by adding Section 272.006 to read as follows:
Sec. 272.006. SALE OR TRANSFER OF LAW ENFORCEMENT VEHICLE.
(a) In this section, "political subdivision" means a county,
municipality, school district, junior college district, other
special district, or other subdivision of state government.
(b) A political subdivision may not sell or transfer a
marked patrol car or other law enforcement motor vehicle to the
public unless the political subdivision first removes any equipment
or insignia that could mislead a reasonable person to believe that
the vehicle is a law enforcement motor vehicle, including any
police light, siren, amber warning light, spotlight, grill light,
antenna, emblem, outline of an emblem, or emergency vehicle
equipment.
(c) A political subdivision may not sell or transfer a
marked patrol car or other political subdivision law enforcement
motor 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 law enforcement motor vehicle is removed before the
sale or transfer.
SECTION 4. This Act takes effect September 1, 2015.
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