Texas 2017 - 85th Regular

Texas House Bill HB3223 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Goldman, et al. (Senate Sponsor - Zaffirini) H.B. No. 3223
2		-	(In the Senate - Received from the House May 8, 2017;
3		-	May 9, 2017, read first time and referred to Committee on Business &
4		-	Commerce; May 17, 2017, reported favorably by the following vote:
5		-	Yeas 9, Nays 0; May 17, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3223
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to liability for the sale or transfer of law enforcement
12	6		vehicles before removal of certain equipment and insignia;
13	7		providing civil penalties.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Section 272.006, Local Government Code, is
16	10		amended by adding Subsections (d), (e), and (f) to read as follows:
17	11		(d) A political subdivision that sells or transfers a marked
18	12		patrol car or other law enforcement motor vehicle to the public in
19	13		violation of this section is liable:
20	14		(1) for damages proximately caused by the use of that
21	15		vehicle during the commission of a crime; and
22	16		(2) to this state for a civil penalty of $1,000.
23	17		(e) The attorney general may bring an action to recover the
24	18		civil penalty imposed under Subsection (d)(2).
25	19		(f) Governmental immunity to suit and from liability is
26	20		waived and abolished to the extent of liability created by
27	21		Subsection (d).
28	22		SECTION 2. Subchapter C, Chapter 728, Transportation Code,
29	23		is amended by adding Section 728.022 to read as follows:
30	24		Sec. 728.022. SALE OR TRANSFER OF LAW ENFORCEMENT VEHICLE.
31	25		(a) A person may not sell or transfer a marked patrol car or other
32	26		law enforcement motor vehicle to the public unless the person first
33	27		removes any equipment or insignia that could mislead a reasonable
34	28		person to believe that the vehicle is a law enforcement motor
35	29		vehicle, including any police light, siren, amber warning light,
36	30		spotlight, grill light, antenna, emblem, outline of an emblem, or
37	31		emergency vehicle equipment.
38	32		(b) A person may not sell or transfer a marked patrol car or
39	33		other law enforcement motor vehicle to a security services
40	34		contractor who is regulated by the Department of Public Safety and
41	35		licensed under Chapter 1702, Occupations Code, unless each emblem
42	36		or insignia that identifies the vehicle as a law enforcement motor
43	37		vehicle is removed before the sale or transfer.
44	38		(c) A person who sells or transfers a marked patrol car or
45	39		other law enforcement motor vehicle to the public in violation of
46	40		this section is liable:
47	41		(1) for damages proximately caused by the use of that
48	42		vehicle during the commission of a crime; and
49	43		(2) to this state for a civil penalty of $1,000.
50	44		(d) The attorney general may bring an action to recover the
51	45		civil penalty imposed under Subsection (c)(2).
52	46		SECTION 3. The changes in law made by this Act apply only to
53	47		a violation that occurs on or after the effective date of this Act.
54	48		A violation that occurs before the effective date of this Act is
55	49		governed by the law in effect on the date the violation occurred,
56	50		and the former law is continued in effect for that purpose.
57	51		SECTION 4. This Act takes effect September 1, 2017.
58		-	* * * * *
	52	+	______________________________ ______________________________
	53	+	President of the Senate Speaker of the House
	54	+	I certify that H.B. No. 3223 was passed by the House on May 6,
	55	+	2017, by the following vote: Yeas 135, Nays 7, 2 present, not
	56	+	voting.
	57	+	______________________________
	58	+	Chief Clerk of the House
	59	+	I certify that H.B. No. 3223 was passed by the Senate on May
	60	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	61	+	______________________________
	62	+	Secretary of the Senate
	63	+	APPROVED: _____________________
	64	+	Date
	65	+	_____________________
	66	+	Governor