CHAPTER 546. OPERATION OF AUTHORIZED EMERGENCY VEHICLES AND CERTAIN OTHER VEHICLES - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 546. OPERATION OF AUTHORIZED EMERGENCY VEHICLES AND

CERTAIN OTHER VEHICLES

SUBCHAPTER A. AUTHORIZED EMERGENCY VEHICLES

Sec. 546.001. PERMISSIBLE CONDUCT. In operating an authorized

emergency vehicle the operator may:

(1) park or stand, irrespective of another provision of this

subtitle;

(2) proceed past a red or stop signal or stop sign, after

slowing as necessary for safe operation;

(3) exceed a maximum speed limit, except as provided by an

ordinance adopted under Section 545.365, as long as the operator

does not endanger life or property; and

(4) disregard a regulation governing the direction of movement

or turning in specified directions.

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

Sec. 546.002. WHEN CONDUCT PERMISSIBLE. (a) In this section,

"police escort" means facilitating the movement of a funeral,

oversized or hazardous load, or other traffic disruption for

public safety purposes by a peace officer described by Articles

2.12(1)-(4), (8), and (22), Code of Criminal Procedure.

(b) Section 546.001 applies only when the operator is:

(1) responding to an emergency call;

(2) pursuing an actual or suspected violator of the law;

(3) responding to but not returning from a fire alarm;

(4) directing or diverting traffic for public safety purposes;

or

(5) conducting a police escort.

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

Amended by Acts 2003, 78th Leg., ch. 66, Sec. 1, eff. May 16,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

834, Sec. 1, eff. June 17, 2005.

Sec. 546.003. AUDIBLE OR VISUAL SIGNALS REQUIRED. Except as

provided by Section 546.004, the operator of an authorized

emergency vehicle engaging in conduct permitted by Section

546.001 shall use, at the discretion of the operator in

accordance with policies of the department or the local

government that employs the operator, audible or visual signals

that meet the pertinent requirements of Sections 547.305 and

547.702.

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

Sec. 546.004. EXCEPTIONS TO SIGNAL REQUIREMENT. (a) A

volunteer fire fighter who operates a private vehicle as an

authorized emergency vehicle may engage in conduct permitted by

Section 546.001 only when the fire fighter is using visual

signals meeting the pertinent requirements of Sections 547.305

and 547.702.

(b) An authorized emergency vehicle that is operated as a police

vehicle is not required to be equipped with or display a red

light visible from the front of the vehicle.

(c) A police officer may operate an authorized emergency vehicle

for a law enforcement purpose without using the audible or visual

signals required by Section 546.003 if the officer is:

(1) responding to an emergency call or pursuing a suspected

violator of the law with probable cause to believe that:

(A) knowledge of the presence of the officer will cause the

suspect to:

(i) destroy or lose evidence of a suspected felony;

(ii) end a suspected continuing felony before the officer has

obtained sufficient evidence to establish grounds for arrest; or

(iii) evade apprehension or identification of the suspect or the

suspect's vehicle; or

(B) because of traffic conditions on a multilaned roadway,

vehicles moving in response to the audible or visual signals may:

(i) increase the potential for a collision; or

(ii) unreasonably extend the duration of the pursuit; or

(2) complying with a written regulation relating to the use of

audible or visible signals adopted by the local government that

employs the officer or by the department.

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

Sec. 546.005. DUTY OF CARE. This chapter does not relieve the

operator of an authorized emergency vehicle from:

(1) the duty to operate the vehicle with appropriate regard for

the safety of all persons; or

(2) the consequences of reckless disregard for the safety of

others.

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

Sec. 546.006. DESIGNATED EMERGENCY VEHICLE DURING DECLARED

DISASTERS. (a) From recommendations made under Section

418.013(c), Government Code, the department shall designate which

vehicles may be operated by which designated organizations as

emergency vehicles during declared disasters.

(b) A vehicle designated under Subsection (a) may be operated by

a designated organization as if the vehicle were an authorized

emergency vehicle under this subtitle if:

(1) the governor declares a state of disaster under Section

418.014, Government Code;

(2) the department requests assistance from the designated

organization; and

(3) the vehicle is operated by the designated organization or a

member of the designated organization in response to the state of

disaster.

(c) The department shall adopt rules as necessary to implement

this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

258, Sec. 5.02, eff. September 1, 2007.

SUBCHAPTER B. OPERATION OF CERTAIN FIRE-FIGHTING EQUIPMENT

Sec. 546.021. MUTUAL AID ORGANIZATIONS. (a) Two or more

businesses whose activities require the maintenance of

fire-fighting equipment may form a mutual aid organization in

which the member businesses agree to assist each other during an

emergency by supplying fire-fighting equipment or services.

(b) The presiding officer or director of an organization formed

under this section shall deliver a list to the county fire

marshal, or to the commissioners court of a county if the county

does not have a fire marshal, in each county in which a member

business is located. The list must contain the name of the

registered owner and license plate number of each motor vehicle

that each member intends to use in supplying fire-fighting

equipment or services.

(c) If the county fire marshal or commissioners court determines

that the operation of the vehicles on the list is in the public

interest and not a threat to public safety, the marshal or court

shall approve the list.

(d) On approval of the list by the county fire marshal or

commissioners court, a person operating a listed motor vehicle in

response to a call for emergency fire-fighting assistance from a

member has the rights and restrictions placed by this subtitle on

the operator of an authorized emergency vehicle.

(e) A county is not liable for damage to a person or property

caused by a person approved by the county under this section to

operate a motor vehicle for emergency fire-fighting assistance.

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