This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
H.B. No. 364
AN ACT
relating to the use, sale, purchase, or possession of a
traffic-control signal preemption device; providing criminal
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 544, Transportation Code, is amended by
adding Section 544.0055 to read as follows:
Sec. 544.0055. TRAFFIC-CONTROL SIGNAL PREEMPTION DEVICE;
OFFENSE. (a) In this section, "traffic-control signal preemption
device" means a device designed, intended, or used to interfere
with or alter the operation of a traffic-control signal.
(b) Except as provided by Subsection (e), a person commits
an offense if the person uses, sells, offers for sale, purchases, or
possesses for use or sale a traffic-control signal preemption
device.
(c) The possession of a traffic-control signal preemption
device creates the presumption that the person possessed the device
for use or sale.
(d) An offense under this section is a Class C misdemeanor.
(e) This section does not apply to:
(1) a person who provides fire-fighting, law
enforcement, ambulance, medical, or other emergency services in the
course of providing those services;
(2) a manufacturer, wholesaler, or retailer of
traffic-control signal preemption devices in the course of
manufacturing, selling, providing, or transporting a
traffic-control signal preemption device to a person described by
Subdivision (1); or
(3) a transit vehicle operated by an authority under
Chapter 451 or 452 or a transit department under Chapter 453.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 364 was passed by the House on March
31, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 364 on May 16, 2005, by the following
vote: Yeas 139, Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 364 was passed by the Senate, with
amendments, on May 3, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor