Bill: HB 3223, 85(R) - 2017

Committee

House Homeland Security & Public Safety

2nd Chamber Committee

Senate Business & Commerce

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Yes Neutral Neutral Positive Positive Neutral

Author(s)

Craig Goldman

Sponsor(s)

Judith Zaffirini

Bill Caption

Relating to liability for the sale or transfer of law enforcement vehicles before removal of certain equipment and insignia; providing civil penalties.

Fiscal Notes

No significant fiscal implication to the state is anticipated.

Bill Analysis

HB 3223 would amend the Local Government Code to make a political subdivision that sells or transfers a marked patrol or other law enforcement motor vehicle to the public in violation of sale requirements liable for the damages caused by the use of that vehicle during the commission of a crime and to the state for a civil penalty of $1,000. Also, a person would be prohibited from selling or transferring a marked patrol car or other law enforcement motor vehicle to the public unless the person first removes any equipment or insignia that could mislead a person to believe the vehicle is a law enforcement vehicle. A person who sells or transfers a marked patrol car or other law enforcement motor vehicle to the public in violation of sale requirements would be liable for damages proximately caused by the use of that vehicle during the commission of a crime and to the state for a civil penalty of $1,000.

Vote Recommendation Notes

The 84th Legislature addressed this issue with the passage of HB 473. To the extent that HB 473 did not address all the ways in which a person wishing to impersonate a law enforcement officer might obtain a vehicle with law enforcement markings/insignia, and to the extent that HB 473 lacked any provisions for holding local governments accountable for selling marked law enforcement vehicles, this is a reasonable legislative update consistent with the principle of limited government. 

Impersonation of a police officer is a crime that can have serious public safety consequences. If police cars are sold to the public without being fully and properly decommissioned, it would be much easier for a person to put on the appearance of a legitimate officer of the law in order to assert authority not actually vested in that person.

For these reasons we support HB 3223.

Organizations Supporting

Sheriffs' Association of Texas
Texas Municipal Police Association

Source URL (retrieved on 03/28/2024 01:03 PM): http://reports.texasaction.com/bill/85r/hb3223?print_view=true