79R181 JRJ-D
By: Deuell S.B. No. 312
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 felony of the third
degree.
(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; or
(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).
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.