By:  Hegar, Guillen (Senate Sponsor - Brimer)                     H.B. No. 364
	(In the Senate - Received from the House April 4, 2005; 
April 6, 2005, read first time and referred to Committee on 
Transportation and Homeland Security; April 25, 2005, reported 
adversely, with favorable Committee Substitute by the following 
vote:  Yeas 7, Nays 0; April 25, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. NO. 364                                    By:  Brimer


A BILL TO BE ENTITLED

AN ACT


relating to the use, sale, purchase, or possession of a 
traffic-control signal preemption device; providing criminal 
penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 544, Transportation Code, is amended by 
adding Section 544.0055 to read as follows:
	Sec. 544.0055.  TRAFFIC-CONTROL SIGNAL PREEMPTION DEVICE; 
OFFENSE.  (a)  In this section, "traffic-control signal preemption 
device" means a device designed, intended, or used to interfere 
with or alter the operation of a traffic-control signal.
	(b)  Except as provided by Subsection (e), a person commits 
an offense if the person uses, sells, offers for sale, purchases, or 
possesses for use or sale a traffic-control signal preemption 
device.
	(c)  The possession of a traffic-control signal preemption 
device creates the presumption that the person possessed the device 
for use or sale.
	(d)  An offense under this section is a Class C misdemeanor.            
	(e)  This section does not apply to:                                    
		(1)  a person who provides fire-fighting, law 
enforcement, ambulance, medical, or other emergency services in the 
course of providing those services;
		(2)  a manufacturer, wholesaler, or retailer of 
traffic-control signal preemption devices in the course of 
manufacturing, selling, providing, or transporting a 
traffic-control signal preemption device to a person described by 
Subdivision (1); or
		(3)  a transit vehicle operated by an authority under 
Chapter 451 or 452 or a transit department under Chapter 453.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.



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