By: Goldman, et al. (Senate Sponsor - Zaffirini) H.B. No. 3223
(In the Senate - Received from the House May 8, 2017;
May 9, 2017, read first time and referred to Committee on Business &
Commerce; May 17, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 17, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to liability for the sale or transfer of law enforcement
vehicles before removal of certain equipment and insignia;
providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 272.006, Local Government Code, is
amended by adding Subsections (d), (e), and (f) to read as follows:
(d) A political subdivision that sells or transfers a marked
patrol car or other law enforcement motor vehicle to the public in
violation of this section is liable:
(1) for damages proximately caused by the use of that
vehicle during the commission of a crime; and
(2) to this state for a civil penalty of $1,000.
(e) The attorney general may bring an action to recover the
civil penalty imposed under Subsection (d)(2).
(f) Governmental immunity to suit and from liability is
waived and abolished to the extent of liability created by
Subsection (d).
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 LAW ENFORCEMENT VEHICLE.
(a) A person may not sell or transfer a marked patrol car or other
law enforcement motor vehicle to the public unless the person 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.
(b) A person 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.
(c) A person who sells or transfers a marked patrol car or
other law enforcement motor vehicle to the public in violation of
this section is liable:
(1) for damages proximately caused by the use of that
vehicle during the commission of a crime; and
(2) to this state for a civil penalty of $1,000.
(d) The attorney general may bring an action to recover the
civil penalty imposed under Subsection (c)(2).
SECTION 3. The changes in law made by this Act apply only to
a violation that occurs on or after the effective date of this Act.
A violation that occurs before the effective date of this Act is
governed by the law in effect on the date the violation occurred,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.
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