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   (a)   Definitions. For the purpose of this section, ENGINE COMPRESSION BRAKE means a vehicle retarding device that converts a power producing engine into a power absorbing air compressor in order to reduce motor vehicle speed without the use of the vehicle’s foundation brakes.
   (b)   A person commits an offense if he uses an engine compression brake to slow or stop a motor vehicle in the city.
   (c)   It is a defense to prosecution under this section that:
      (1)   the motor vehicle was a fire apparatus owned or operated by a governmental entity; or
      (2)   the engine compression brake was used in an emergency situation to prevent or reduce an imminent danger of death or bodily injury to a person or damage or destruction to property.
   (d)   Presumption. Whenever a violation of this section occurs, it is presumed that the registered owner of the vehicle for which the citation was issued is the person who committed the violation, either personally or through an agent or employee. Proof of ownership may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation (or the vehicle registration agency of any other state in which the vehicle is currently registered) showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. (Ord. 27963)