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.