BILL ANALYSIS

 

 

 

C.S.H.B. 1732

By: Davis, Yvonne

Transportation

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

It has been reported that some municipalities prohibit the use of private funeral escort services to facilitate funeral processions and require the involvement of local law enforcement. There have been calls to allow these escort services to operate without such involvement as long as the escort operates with the appropriate regard for the safety of all persons. C.S.H.B. 1732 seeks to require a local authority to allow the use of properly trained funeral escort service providers.  

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 1732 amends the Transportation Code to require a local authority to allow a funeral escort service to facilitate the movement of traffic for a funeral procession. The bill authorizes a person who has successfully completed the training program in traffic direction as defined by the basic peace officer course curriculum established by the Texas Commission on Law Enforcement to operate a vehicle to facilitate the movement of a funeral procession for a funeral escort service. The bill authorizes an operator of a vehicle facilitating the movement of a funeral procession for a funeral escort service to proceed past a red or stop signal or stop sign, after slowing as necessary for safe operation, but does not relieve such an operator from the duty to operate the vehicle with appropriate regard for the safety of all persons or the consequences of reckless disregard for the safety of others.

 

EFFECTIVE DATE

 

September 1, 2019.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 1732 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

The substitute replaces a prohibition against a local authority prohibiting a funeral escort service from facilitating the movement of traffic for a funeral procession with a requirement for a local authority to allow a funeral escort service to facilitate the movement of traffic for such a procession. The substitute includes an authorization for a person who has completed certain training to operate a vehicle to facilitate the movement of a funeral procession for a funeral escort service.