Edinburg implements new regulations for funeral escorts

EDINBURG — Drivers here who perform the somber task of leading vehicle processions from a funeral home to a church or cemetery will soon have to abide by new rules, due to an ordinance approved by the Edinburg City Council last week.

The private funeral escort ordinance, which the council passed during a special meeting May 29, is the first of its kind in the Rio Grande Valley.

It aims to regulate who may provide a funeral escort while also relieving the burden on local law enforcement agencies, which have typically provided such services in the past.

“It’s a comprehensive regulation of private funeral escorts in the city of Edinburg,” City Attorney Omar Ochoa told The Monitor on Friday.

“Traditionally, the PD (police department) has served as funeral escorts on request from funeral homes, but that takes a lot of resources. It’s been a concern of the police department,” he added.

Under the terms of the new ordinance, both funeral escort service providers and their drivers will be required to obtain one-year licenses from the city.

“The way that the ordinance is modeled is it’s basically two layers. One is, in order to run a funeral escort service, you have to obtain an escort license,” Ochoa said.

“Individual drivers have to have a chauffeur’s license, and that’s something that needs to be applied (for) through the city, as well,” he added a moment later.

The Edinburg police chief will be responsible for issuing both escort and chauffeur licenses, according to a draft copy of the ordinance that was included in last Wednesday’s agenda packet.

Escort licensees cannot have a felony conviction within five years preceding their application.

Too, the escort business must maintain certain insurance coverages to remain in good standing.

Escort licenses, which cost $160 per year, are non-transferable, the ordinance states.

Meanwhile, chauffeurs are ineligible for a license if they have a felony conviction “or an offense involving theft, fraud, or unlawfully carrying a weapon within the preceding five years,” the ordinance states.

Chauffeur drivers cannot have four or more traffic violations within a one-year period.

Further, chauffeurs must be at least 18 years old, have a valid drivers license, and submit to fingerprinting before they can obtain their one-year, nontransferable chauffeur license, which will cost $50.

The ordinance also contains language that regulates the appearance of funeral personnel and their vehicles.

Personnel may not use or display a badge that resembles a law enforcement badge, nor can their vehicles display decals that resemble law enforcement insignia, or that contain the words “police,” “official” or “officer,” the ordinance states.

Drivers are also prohibited from carrying weapons, unless they are sworn law enforcement officers.

The ordinance doesn’t prohibit police officers or other law enforcement officers from serving in a funeral escort as part of their official duties, Ochoa explained.

However, if that officer does so while “moonlighting” and not as part of their official duties, then they, too, will be required to obtain a chauffeur’s license, he said.

“They would not be able to, for example, wear their uniform. They would not be able to wear their badge. They would not be able to use a marked police unit,” Ochoa explained.

Ochoa said he modeled the ordinance after a similar one already on the books in Dallas.

Aside from the regulations the ordinance imposes upon the people and businesses providing funeral escorts, it also grants certain powers to an escort.

Namely, it codifies a funeral escort’s power to control traffic — something that isn’t clearly spelled out in existing state law and which largely relies upon the common courtesy of strangers.

“Technically, a private citizen can’t stop traffic, for example, at an intersection to allow for a funeral procession to go through. Rather, state law basically depends on other motorists respecting the procession,” Ochoa explained.

“This more kind of formal regulation will allow that for a private escort to actually be able to control traffic in certain areas,” he said.

The ordinance went into effect immediately upon its passage; however, the city attorney said he expected the city to conduct “an education campaign” before enforcing it.