By: Goldman, Israel, Simmons H.B. No. 2722
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibition of the operation and sale of certain motor
  vehicles resembling authorized emergency vehicles; creating a
  criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 546, Transportation Code,
  is amended by adding Section 546.008 to read as follows:
         Sec. 546.008.  USE OF CERTAIN EXTERNAL MOTOR VEHICLE
  MARKINGS OR FEATURES PROHIBITED; CRIMINAL OFFENSE. (a) A person
  may not operate a motor vehicle in this state that resembles an
  authorized emergency vehicle unless the person uses the motor
  vehicle to provide emergency services as authorized by law or the
  person uses the vehicle for other legitimate governmental
  functions, including police, fire, or other emergency services.
         (b)  A motor vehicle resembles an authorized emergency
  vehicle if the vehicle has on the exterior of the vehicle any
  equipment or insignia that could lead a reasonable person to
  believe that the vehicle is an authorized emergency vehicle,
  including:
               (1)  the words "ambulance" or "police" or a derivation
  of those words;
               (2)  the words "critical care transport," "emergency,"
  "emergency medical services," or "mobile intensive care unit";
               (3)  the acronym "EMS" or "MICU";
               (4)  a star of life as trademarked by the National
  Highway Traffic Safety Administration;
               (5)  a Maltese cross commonly used by fire departments;
               (6)  forward-facing flashing red, white, or blue
  lights; or
               (7)  a siren.
         (c)  A person commits an offense if the person violates this
  section. An offense under this subsection is a Class C misdemeanor.
         (d)  This section does not apply to a motor vehicle bearing
  an antique license plate issued or approved under Section 504.502
  or privately owned vehicles used in the course of firefighting
  functions.
         SECTION 2.  Subchapter C, Chapter 728, Transportation Code,
  is amended by adding Section 728.022 to read as follows:
         Sec. 728.022.  SALE OR TRANSFER OF LOCAL OR PRIVATE
  EMERGENCY VEHICLE. (a) In this section:
               (1)  "Authorized emergency vehicle" means a vehicle
  described by Section 541.201(1).
               (2)  "Equipment or insignia" means the equipment or
  insignia described by Section 546.008(b).
               (3)  "Political subdivision" means a county,
  municipality, school district, junior college district, other
  special district, or other subdivision of state government.
         (b)  Except as provided by Subsection (c), an authorized
  emergency vehicle owned by a political subdivision or a private
  person may not be sold or transferred to the public unless all
  equipment or insignia that could lead a reasonable person to
  believe that the vehicle is an authorized emergency vehicle is
  removed before the sale or transfer.
         (c)  A political subdivision may not sell or transfer an
  authorized emergency vehicle to a security services contractor who
  is regulated by the Department of Public Safety and licensed under
  Chapter 1702, Occupations Code, or a private individual seeking to
  use the vehicle for firefighting functions
  unless each emblem or
  insignia that identifies the vehicle as a public law enforcement
  vehicle is removed before the sale or transfer.
         (d)  A private person who sells or transfers an authorized
  emergency vehicle to a member of the public in violation of this
  section is liable for damages proximately caused by the use of that
  vehicle during the commission of a crime.
         (e)  This section does not apply to a motor vehicle bearing
  an antique license plate issued or approved under Section 504.502.
         SECTION 3.  The change in law made by Section 728.022(d),
  Transportation Code, as added by this Act, applies only to a cause
  of action that accrues on or after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2015.