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.