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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of funeral vehicle escort |
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services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 651.001, Occupations Code, is amended by |
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adding Subdivision (10-a) to read as follows: |
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(10-a) "Funeral vehicle escort service" means a |
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business that facilitates the movement of traffic for a funeral |
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procession through the streets and highways of the state. |
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SECTION 2. Chapter 651, Occupations Code, is amended by |
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adding Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. LICENSE REQUIREMENTS: FUNERAL VEHICLE ESCORT |
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SERVICES |
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Sec. 651.381. FUNERAL VEHICLE ESCORT SERVICE LICENSE |
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REQUIREMENT. A person may not facilitate the movement of traffic |
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for a funeral procession unless the person is: |
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(1) a funeral vehicle escort service licensed under |
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this subchapter; or |
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(2) an employee of a funeral vehicle escort service |
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licensed under this subchapter. |
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Sec. 651.382. RULES. (a) The commission shall adopt rules |
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to administer this subchapter. |
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(b) Rules adopted under this section must include |
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provisions requiring that: |
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(1) a vehicle escorting a funeral procession: |
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(A) must be clearly and visibly marked with the |
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words "FUNERAL VEHICLE ESCORT SERVICE"; and |
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(B) may not be equipped with: |
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(i) flashing lights that emit a color of |
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light other than amber or white; or |
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(ii) any decal, placard, sign, or insignia |
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that is similar to an official police insignia or that displays the |
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word "Police," "Official," or "Officer"; and |
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(2) an operator of a vehicle escorting a funeral |
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procession may not wear a uniform that is of the same design as a |
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uniform worn by a peace officer or a badge or cap that resembles an |
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official peace officer badge or cap or displays the word "Police," |
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"Official," or "Officer." |
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Sec. 651.383. EXEMPTION. This subchapter, or rules adopted |
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under this subchapter, may not be construed as inhibiting the |
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operation of an emergency vehicle or law enforcement vehicle. |
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SECTION 3. Chapter 546, Transportation Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. AUTHORIZATION OF CERTAIN OTHER VEHICLES |
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Sec. 546.031. FUNERAL VEHICLE ESCORT SERVICES. (a) An |
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operator of a vehicle facilitating the movement of a funeral |
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procession as a funeral vehicle escort service licensed under |
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Subchapter H-1, Occupations Code, or an employee of a licensed |
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funeral vehicle escort service may proceed past a red or stop signal |
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or stop sign, after slowing as necessary for safe operation. |
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(b) This section does not relieve the operator of a funeral |
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escort vehicle from: |
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(1) the duty to operate the vehicle with appropriate |
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regard for the safety of all persons; or |
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(2) the consequences of reckless disregard for the |
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safety of others. |
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SECTION 4. Section 707.009, Transportation Code, is amended |
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to read as follows: |
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Sec. 707.009. REQUIRED ORDINANCE PROVISIONS. (a) An |
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ordinance adopted under Section 707.002 must provide that a person |
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against whom the local authority seeks to impose a civil penalty is |
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entitled to a hearing and shall: |
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(1) provide for the period in which the hearing must be |
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held; |
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(2) provide for the appointment of a hearing officer |
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with authority to administer oaths and issue orders compelling the |
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attendance of witnesses and the production of documents; and |
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(3) designate the department, agency, or office of the |
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local authority responsible for the enforcement and administration |
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of the ordinance or provide that the entity with which the local |
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authority contracts under Section 707.003(a)(1) is responsible for |
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the enforcement and administration of the ordinance. |
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(b) An ordinance adopted under Section 707.002 may not |
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impose a civil penalty on an owner of a vehicle operated in |
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violation of the instructions of a traffic-control signal, as |
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specified by Section 544.007(d), if the person is accompanied by a |
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funeral vehicle escort service licensed under Subchapter H-1, |
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Occupations Code, or an employee of a licensed funeral vehicle |
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escort service. |
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SECTION 5. Not later than January 1, 2010, the Texas Funeral |
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Service Commission shall adopt rules required under Section |
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651.382, Occupations Code, as added by this Act. |
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SECTION 6. This Act takes effect September 1, 2009. |