80R5619 JRD-F
 
  By: Smithee H.B. No. 1176
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to providing that a municipality may allow a municipal
fire marshal or arson investigator to travel in an unmarked
municipal vehicle when performing official duties.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 721.005(a), Transportation Code, as
amended by Chapters 66 and 140, Acts of the 77th Legislature,
Regular Session, 2001, is amended to read as follows:
       (a)  The governing body of a municipality may exempt from the
requirements of Section 721.004:
             (1)  an automobile when used to perform an official
duty by a:
                   (A)  police department;
                   (B)  magistrate as defined by Article 2.09, Code
of Criminal Procedure; [or]
                   (C)  medical examiner; [or]
                   (D) [(4)]  municipal code enforcement officer
designated to enforce environmental criminal laws; or
                   (E)  municipal fire marshal or arson
investigator; or
             (2)  an automobile used by a municipal employee only
when conducting an investigation involving suspected fraud or other
mismanagement within the municipality.
       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, 2007.