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), (12), (17)(B), and (22), Code of Criminal Procedure.
(b) Sections 546.001(2), (3), and (4) apply 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 (S.B. 866), Sec. 1, eff. June 17, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 540 (S.B. 545), Sec. 1, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 860 (H.B. 2837), Sec. 4, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 997 (H.B. 64), Sec. 1, eff. September 1, 2023.
Notes of Decisions
Carcamo-Lopez v. Does 1 through 20, 865 F. Supp. 2d 736 (W.D. Tex. 2011).
· cites it 2× “” Tex. Transp. Code § 546.002. Among the privileges an operator enjoys in an emergency are the authority to operate the vehicles in certain otherwise-illegal ways, as well as protection from suits based on mere negligence.”
Hidalgo Cnty. v. Dora Herrera, No. 13-15-00167-CV (Tex. App.—Corpus Christi Aug. 24, 2015).
· cites it 4× “8, 9, 20, 27 Tex. Transp. Code § 546.001 .............”
Carlos Martinez v. United States, No. 19-40042 (5th Cir. Apr. 6, 2020).
“” See Tex. Transp. Code §§ 546.002(b)(1)–(2). In these enumerated emergency situations, authorized emergency vehicle operators are permitted to: (1) park or stand, irrespective of another provision of this subtitle; (2) proceed past a red or stop sign signal or stop sign, after…”
City of Arlington v. Charles Barnes, No. 02-07-00249-CV, 2008 WL 820385 (Tex. App.—Fort Worth Mar. 27, 2008).
“Thus, a governmental entity is liable for damages resulting from the emergency 8 … The city policy that applies in this case obligates officers to follow all traffic rules and regulations, including Texas Transportation Code sections 546.002 and 546.”
City of Arlington v. Charles Barnes, No. 02-07-00249-CV (Tex. App.—Fort Worth Mar. 27, 2008).
“9: Appellees urge that Officer Warren’s full acceleration was evidence of recklessness; however, Officer Warren testified that he accelerated to get as much speed as possible to clear the intersection.”
Tex. Transp. Code § 546.002(2): 1 case
Carcamo-Lopez v. Does 1 through 20, 865 F. Supp. 2d 736 (W.D. Tex. 2011).
“” Tex. Transp. Code § 546.002. Among the privileges an operator enjoys in an emergency are the authority to operate the vehicles in certain otherwise-illegal ways, as well as protection from suits based on mere negligence.”
Tex. Transp. Code § 546.002(b): 1 case
Tex. Transp. Code § 546.002(b)(1): 2 cases
Carlos Martinez v. United States, No. 19-40042 (5th Cir. Apr. 6, 2020).
“” See Tex. Transp. Code §§ 546.002(b)(1)–(2). In these enumerated emergency situations, authorized emergency vehicle operators are permitted to: (1) park or stand, irrespective of another provision of this subtitle; (2) proceed past a red or stop sign signal or stop sign, after…”
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