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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for the sale or transfer of law enforcement |
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vehicles before removal of certain equipment and insignia; |
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providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 272.006, Local Government Code, is |
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amended by adding Subsections (d), (e), and (f) to read as follows: |
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(d) A political subdivision that sells or transfers a marked |
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patrol car or other law enforcement motor vehicle to the public in |
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violation of this section is liable: |
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(1) for damages proximately caused by the use of that |
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vehicle during the commission of a crime; and |
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(2) to this state for a civil penalty of $1,000. |
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(e) The attorney general may bring an action to recover the |
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civil penalty imposed under Subsection (d)(2). |
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(f) Governmental immunity to suit and from liability is |
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waived and abolished to the extent of liability created by |
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Subsection (d). |
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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 LAW ENFORCEMENT VEHICLE. |
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(a) A person may not sell or transfer a marked patrol car or other |
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law enforcement motor vehicle to the public unless the person first |
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removes any equipment or insignia that could mislead a reasonable |
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person to believe that the vehicle is a law enforcement motor |
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vehicle, including any police light, siren, amber warning light, |
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spotlight, grill light, antenna, emblem, outline of an emblem, or |
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emergency vehicle equipment. |
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(b) A person may not sell or transfer a marked patrol car or |
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other law enforcement motor vehicle to a security services |
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contractor who is regulated by the Department of Public Safety and |
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licensed under Chapter 1702, Occupations Code, unless each emblem |
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or insignia that identifies the vehicle as a law enforcement motor |
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vehicle is removed before the sale or transfer. |
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(c) A person who sells or transfers a marked patrol car or |
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other law enforcement motor vehicle to the public in violation of |
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this section is liable: |
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(1) for damages proximately caused by the use of that |
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vehicle during the commission of a crime; and |
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(2) to this state for a civil penalty of $1,000. |
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(d) The attorney general may bring an action to recover the |
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civil penalty imposed under Subsection (c)(2). |
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SECTION 3. The changes in law made by this Act apply only to |
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a violation that occurs on or after the effective date of this Act. |
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A violation that occurs before the effective date of this Act is |
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governed by the law in effect on the date the violation occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |