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A BILL TO BE ENTITLED
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AN ACT
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relating to the definitions of police vehicle and authorized |
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emergency vehicle for the purposes of certain traffic laws. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 541.201(1) and (13-a), Transportation |
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Code, are amended to read as follows: |
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(1) "Authorized emergency vehicle" means: |
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(A) a fire department or police vehicle; |
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(B) a public or private ambulance operated by a |
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person who has been issued a license by the Texas Department of |
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Health; |
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(C) a municipal department or public service |
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corporation emergency vehicle that has been designated or |
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authorized by the governing body of a municipality; |
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(D) a private vehicle of a volunteer firefighter |
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or a certified emergency medical services employee or volunteer |
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when responding to a fire alarm or medical emergency; |
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(E) an industrial emergency response vehicle, |
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including an industrial ambulance, when responding to an emergency, |
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but only if the vehicle is operated in compliance with criteria in |
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effect September 1, 1989, and established by the predecessor of the |
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Texas Industrial Emergency Services Board of the State Firemen's |
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and Fire Marshals' Association of Texas; [or] |
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(F) a vehicle of a blood bank or tissue bank, |
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accredited or approved under the laws of this state or the United |
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States, when making emergency deliveries of blood, drugs, |
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medicines, or organs; or |
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(G) a vehicle operated by an employee of a |
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district attorney's office, criminal district attorney's office, |
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county attorney's office, or medical examiner's office, other than |
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a vehicle operated in the manner described by Section 546.001(2) or |
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(4), Section 284.070, Section 366.178, or Section 370.177(a) or |
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(k), that: |
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(i) is registered to the appropriate office |
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and authorized by that office for use in performing the official |
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duties of the office; or |
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(ii) is a private vehicle of an employee of |
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the appropriate office for which the person has received written |
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authority from that office to use the vehicle in performing |
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official duties, provided that use of the private vehicle must, if |
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applicable, comply with any rule adopted by the commissioners court |
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of a county under Section 170.001, Local Government Code. |
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(13-a) "Police vehicle" means a vehicle [of a
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governmental entity primarily] used by a peace officer, as defined |
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by Article 2.12, Code of Criminal Procedure, for law enforcement |
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purposes that: |
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(A) is owned or leased by a governmental entity; |
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(B) is owned or leased by the police department |
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of a private institution of higher education that commissions peace |
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officers under Section 51.212, Education Code; or |
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(C) is: |
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(i) a private vehicle owned or leased by the |
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peace officer; and |
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(ii) approved for use for law enforcement |
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purposes by the head of the law enforcement agency that employs the |
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peace officer, or by that person's designee, provided that use of |
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the private vehicle must, if applicable, comply with any rule |
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adopted by the commissioners court of a county under Section |
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170.001, Local Government Code. |
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SECTION 2. Section 545.421(b), Transportation Code, is |
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amended to read as follows: |
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(b) A signal under this section that is given by a police |
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officer pursuing a vehicle may be by hand, voice, emergency light, |
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or siren. The officer giving the signal must be in uniform and |
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prominently display the officer's badge of office. The officer's |
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vehicle must bear the insignia of a law enforcement agency, |
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regardless of whether the vehicle displays an emergency light [be
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appropriately marked as an official police vehicle]. |
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SECTION 3. Section 284.070, Transportation Code, is amended |
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by amending Subsection (e) and adding Subsection (f) to read as |
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follows: |
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(e) An authorized emergency vehicle[, as defined by Section
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541.201,] is exempt from payment of a toll imposed under this |
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chapter regardless of whether the vehicle is: |
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(1) responding to an emergency; |
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(2) displaying a flashing light; or |
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(3) marked as an emergency vehicle. |
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(f) In this section, "authorized emergency vehicle" has the |
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meaning assigned by Section 541.201. |
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SECTION 4. Section 366.178, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (j) to read as |
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follows: |
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(a) A motor vehicle other than an authorized emergency |
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vehicle[, as defined by Section 541.201,] that passes through a |
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toll collection facility, whether driven or towed, shall pay the |
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proper toll. The exemption from payment of a toll for an |
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authorized emergency vehicle applies regardless of whether the |
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vehicle is: |
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(1) responding to an emergency; |
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(2) displaying a flashing light; or |
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(3) marked as a police or emergency vehicle. |
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(j) In this section, "authorized emergency vehicle" has the |
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meaning assigned by Section 541.201. |
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SECTION 5. Sections 370.177(a) and (k), Transportation |
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Code, are amended to read as follows: |
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(a) Except as provided by Subsection (a-1), the operator of |
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a vehicle, other than an authorized emergency vehicle [as defined
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by Section 541.201], that is driven or towed through a toll |
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collection facility of a turnpike project shall pay the proper |
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toll. The operator of a vehicle who drives or tows a vehicle |
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through a toll collection facility and does not pay the proper toll |
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commits an offense. An offense under this subsection is a |
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misdemeanor punishable by a fine not to exceed $250. The exemption |
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from payment of a toll for an authorized emergency vehicle applies |
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regardless of whether the vehicle is: |
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(1) responding to an emergency; |
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(2) displaying a flashing light; or |
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(3) marked as an emergency vehicle. |
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(k) In this section: |
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(1) "Authorized emergency vehicle" has the meaning |
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assigned by Section 541.201. |
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(2) "Registered [, "registered] owner" means the owner |
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of a vehicle as shown on the vehicle registration records of the |
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department or the analogous department or agency of another state |
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or country. |
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SECTION 6. Section 170.001(a), Local Government Code, is |
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amended to read as follows: |
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(a) The commissioners court of a county may adopt rules |
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prohibiting or regulating the use of a privately owned motor |
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vehicle for the performance of county business or law enforcement |
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duties by a sheriff or constable or a deputy or employee of a |
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district attorney, criminal district attorney, county attorney, |
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medical examiner, sheriff, or constable. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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