Bill Text: TX HB2722 | 2015-2016 | 84th Legislature | Engrossed
Bill Title: Relating to prohibition of the operation and sale of certain motor vehicles resembling authorized emergency vehicles; creating a criminal offense.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2015-05-14 - Referred to Transportation [HB2722 Detail]
Download: Texas-2015-HB2722-Engrossed.html
| By: Goldman, Israel, Simmons | H.B. No. 2722 | |
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| 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" or "police" 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; or | ||
| (7) a siren. | ||
| (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 | ||
| or privately owned vehicles used in the course of firefighting | ||
| functions. | ||
| 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, or a private individual seeking to | ||
| use the vehicle for firefighting functions | ||
| 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. | ||
