By Goolsby H.B. No. 21
76R613 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of authorized emergency vehicles.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 546.003, Transportation Code, is amended
1-5 to read as follows:
1-6 Sec. 546.003. AUDIBLE AND [OR] VISUAL SIGNALS REQUIRED. (a)
1-7 Except as provided by Subsection (b) and Section 546.004, the
1-8 operator of an authorized emergency vehicle engaging in conduct
1-9 permitted by Section 546.001 shall use, at the discretion of the
1-10 operator in accordance with policies of the department or the local
1-11 government that employs the operator, audible or visual signals
1-12 that meet the pertinent requirements of Sections 547.305 and
1-13 547.702.
1-14 (b) The operator of an authorized emergency vehicle may not
1-15 exceed the applicable maximum speed limit by 10 or more miles per
1-16 hour unless the operator is making use of audible and visual
1-17 signals that meet the pertinent requirements of Sections 547.305
1-18 and 547.702.
1-19 SECTION 2. Section 546.004, Transportation Code, is amended
1-20 by adding Subsection (d) to read as follows:
1-21 (d) Subsections (a)-(c) do not authorize a volunteer fire
1-22 fighter who operates a private vehicle as an authorized emergency
1-23 vehicle, the operator of an authorized emergency vehicle operated
1-24 as a police vehicle, or a police officer to exceed the applicable
2-1 maximum speed limit by 10 or more miles per hour without making use
2-2 of audible and visual signals that meet the pertinent requirements
2-3 of Sections 547.305 and 547.702.
2-4 SECTION 3. Section 545.365, Transportation Code, is amended
2-5 by adding Subsection (c) to read as follows:
2-6 (c) Subsection (a) does not authorize the operation of a
2-7 vehicle in violation of Section 546.003(b). An ordinance adopted
2-8 under Subsection (b) may not authorize the operation of a vehicle
2-9 in violation of Section 546.003(b).
2-10 SECTION 4. To the extent that a municipal ordinance adopted
2-11 before the effective date of this Act under Section 545.365,
2-12 Transportation Code, as that section existed immediately before the
2-13 effective date of this Act, conflicts or is inconsistent with the
2-14 changes in law made by Sections 1-3 of this Act, the ordinance is
2-15 void.
2-16 SECTION 5. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.