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By: Carona |
S.B. No. 1165 |
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(In the Senate - Filed February 26, 2009; March 13, 2009, |
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read first time and referred to Committee on Criminal Justice; |
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March 18, 2009, rereferred to Committee on Transportation and |
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Homeland Security; April 8, 2009, reported adversely, with |
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favorable Committee Substitute by the following vote: Yeas 9, |
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Nays 0; April 8, 2009, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1165 |
By: Carona |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain vehicles for law enforcement |
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purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivisions (1) and (13-a), Section 541.201, |
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Transportation 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 used for law enforcement purposes |
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that is owned or leased by a federal governmental entity. |
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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. |
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SECTION 2. Subsection (b), Section 545.421, Transportation |
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Code, is 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. This Act takes effect September 1, 2009. |
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