1. (a) The governing body of a municipality may exempt from the requirements of Section 721.004:

   1. (1) an automobile when used to perform an official duty by a:

      1. (A) police department;
      2. (B) magistrate as defined by Article 2.09, Code of Criminal Procedure;
      3. (C) medical examiner;
      4. (D) municipal code enforcement officer designated to enforce environmental criminal laws; or
      5. (E) municipal fire marshal or arson investigator; or
   2. (2) an automobile used by a municipal employee only when conducting an investigation involving suspected fraud or other mismanagement within the municipality.

2. (b) The commissioners court of a county may exempt from the requirements of Section 721.004:

   1. (1) an automobile when used to perform an official duty by a:

      1. (A) police department;
      2. (B) sheriff's office;
      3. (C) constable's office;
      4. (D) criminal district attorney's office;
      5. (E) district attorney's office;
      6. (F) county attorney's office;
      7. (G) magistrate as defined by Article 2.09, Code of Criminal Procedure;
      8. (H) county fire marshal's office; or
      9. (I) medical examiner; or
   2. (2) a juvenile probation department vehicle used to transport children, when used to perform an official duty.
3. (c) An exemption provided under this section does not apply to a contract deputy.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 355, Sec. 1, eff. May 27, 1997;

Acts 1997, 75th Leg., ch. 46, Sec. 1, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 62, Sec. 17.38, eff. Sept. 1, 1999;

Acts 2001, 77th Leg., ch. 66, Sec. 1, eff. May 14, 2001;

Acts 2001, 77th Leg., ch. 140, Sec. 1, eff. Sept. 1, 2001.

Acts 2007, 80th Leg., R.S., Ch. 45 (S.B. 526), Sec. 1, eff. May 8, 2007.