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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibition of the operation and sale of certain motor |
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vehicles resembling authorized emergency vehicles; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 546, Transportation Code, |
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is amended by adding Section 546.008 to read as follows: |
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Sec. 546.008. USE OF CERTAIN EXTERNAL MOTOR VEHICLE |
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MARKINGS OR FEATURES PROHIBITED; CRIMINAL OFFENSE. (a) A person |
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may not operate a motor vehicle in this state that resembles an |
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authorized emergency vehicle unless the person uses the motor |
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vehicle to provide emergency services as authorized by law or the |
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person uses the vehicle for other legitimate governmental |
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functions, including police, fire, or other emergency services. |
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(b) A motor vehicle resembles an authorized emergency |
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vehicle if the vehicle has on the exterior of the vehicle any |
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equipment or insignia that could lead a reasonable person to |
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believe that the vehicle is an authorized emergency vehicle, |
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including: |
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(1) the words "ambulance" or "police" or a derivation |
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of those words; |
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(2) the words "critical care transport," "emergency," |
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"emergency medical services," or "mobile intensive care unit"; |
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(3) the acronym "EMS" or "MICU"; |
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(4) a star of life as trademarked by the National |
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Highway Traffic Safety Administration; |
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(5) a Maltese cross commonly used by fire departments; |
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(6) forward-facing flashing red, white, or blue |
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lights; or |
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(7) a siren. |
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(c) A person commits an offense if the person violates this |
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section. An offense under this subsection is a Class C misdemeanor. |
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(d) This section does not apply to a motor vehicle bearing |
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an antique license plate issued or approved under Section 504.502 |
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or privately owned vehicles used in the course of firefighting |
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functions. |
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SECTION 2. Subchapter C, Chapter 728, Transportation Code, |
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is amended by adding Section 728.022 to read as follows: |
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Sec. 728.022. SALE OR TRANSFER OF LOCAL OR PRIVATE |
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EMERGENCY VEHICLE. (a) In this section: |
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(1) "Authorized emergency vehicle" means a vehicle |
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described by Section 541.201(1). |
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(2) "Equipment or insignia" means the equipment or |
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insignia described by Section 546.008(b). |
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(3) "Political subdivision" means a county, |
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municipality, school district, junior college district, other |
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special district, or other subdivision of state government. |
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(b) Except as provided by Subsection (c), an authorized |
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emergency vehicle owned by a political subdivision or a private |
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person may not be sold or transferred to the public unless all |
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equipment or insignia that could lead a reasonable person to |
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believe that the vehicle is an authorized emergency vehicle is |
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removed before the sale or transfer. |
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(c) A political subdivision may not sell or transfer an |
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authorized emergency vehicle to a security services contractor who |
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is regulated by the Department of Public Safety and licensed under |
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Chapter 1702, Occupations Code, or a private individual seeking to |
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use the vehicle for firefighting functions |
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unless each emblem or |
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insignia that identifies the vehicle as a public law enforcement |
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vehicle is removed before the sale or transfer. |
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(d) A private person who sells or transfers an authorized |
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emergency vehicle to a member of the public in violation of this |
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section is liable for damages proximately caused by the use of that |
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vehicle during the commission of a crime. |
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(e) This section does not apply to a motor vehicle bearing |
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an antique license plate issued or approved under Section 504.502. |
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SECTION 3. The change in law made by Section 728.022(d), |
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Transportation Code, as added by this Act, applies only to a cause |
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of action that accrues on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2015. |