BWH H.B. 649 75(R)BILL ANALYSIS


COUNTY AFFAIRS
H.B. 649
By: Bosse
2-21-97
Committee Report (Unamended)



BACKGROUND 

 Section 721.005 (b) of the Transportation Code allows for an exemption
from requirements in Section 721.004, thus allowing certain organizations
performing "official duties" to use unmarked automobiles.  Section 721.004
does not include a county's fire marshal office as one of the
organizations eligible for exemption. The Harris County Fire Marshall's
office wants to able to use unmarked cars for their arson investigations.
Using an unmarked automobile would make an investigation more discreet
thus not drawing attention to witnesses and possible suspects.  In the
past, use of marked automobiles during an arson investigation has caused
problems such as retaliation from an arson suspect and the initiation of
neighborhood rumors about the individuals who are questioned by
investigators. 

PURPOSE

 The purpose of this bill is to expand the list of eligible organizations
which may use unmarked automobiles for "official duties" to include a
county fire marshall's office under Section 721.005 (b) of the
Transportation Code. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 721.005(b), Transportation Code by including
county fire marshall's office as an eligible organization under the
commissioners court to be exempt from using marked automobiles. 

 SECTION 2.  Effective September 1, 1997.

SECTION 3.  This change in law applies only to an offense committed on or
after the effective date. 

SECTION 4.  Emergency Clause.