'Hon. Homer .Garrieon, Jr., director Opinion No. M-183
Texas ,Departmentof Public Safety
Austin, Texas Re: Whether F.B.I. vehiales
are "aufhoriaed emergency
vehticles",as def.ineCin
Article 670&d, Section
2(d), Vernon's Civil
Dew *. Garrison: Statutes.
You have requested an opinion,of this office as to
whether Federal Bureau of Investigation vehicles are "authorized
emergency vehicles" within the meaning of Articlp 67Uld,
Section 2(d,),'Vernon'swCivil~
Statutes.
Saia Article 6'7Old,SectionZ(dj reads as.fallows:
"Authorized Emergency Vehicle.~ VehLcles,of~
the fire department'(ffre patrol); ,police
vehicles; public and private,ambulances.for
Which'pennits have'been-issued,-by,the State-
Board of Hea,lth,emergency',,vehiclesormunic-
ipal department6 or public service corpora- ~'
tions 'as era desginated,,orauthorised,by,the,
governing body ,ofan incorporated.city,;.and
private vehicles operated by volunteer fire-
men while answering,,=fire~~alann.”
The director, associate,'assistants, inspector5-,and'~~
agents of the Federal Bureau of Investigationof the,Bepart-
ment of Justice may carry fireans;'serve-.warrants-ana sub-
poenas issuea,under the authori,ty,of-,the United~,States.and
make arrests without,warrant for,any,.offense~.$nthe .violation
of the penal laws of,the,United States committed,-in their-
presence, or for any felony offense.~c'ogni,sable~,ander
the-laws
of the United States if they havereasonable,-grounds.to.believe
.that the person to be arrested.has ,committ~ed'orib'conunktting
such felony,. ~18 U.S.C. 3052. Theyare'likewise empowered to
make seizures under warrant for violation of the laws of the
United States. 18 U.S.C. 3105.
-877-
. .
Hon. Homer Garrison, Jr., Page 2 (M-183
In Attorney General's Opinion NO, V-580 (1848) #is
office, in interpreting a similar versionof the above
referred Act, then existing, expressed.the ,opinionthat.
automobiles operated by the United,States-Immigration Border
Patrol were "police vehicles" within the meaning of such
Aat and in so doing stated.as.,follows:'
"In the absence of a statutory 'definitionas
to what is a police vehicle, we mustlook to
the intent of the Legislature to arrive at a
proper understanding of the.term, 'Zn this
regard, it is reasonable to suppose,that the
intent of the Legislature was that.,apol,ice
vehicle should include any official vehicle
used to discharge functions vitally connected
with public safety. It aannot be conceived
that the Legislature intended solely those
vehicles used in enforcing traffic,,laws."
It is further expres,sedin.said opinionthat:
"It is inconceivable that our State Legislature
intended only State and tocal police officers
to enjoy this special sanction in attempting
to keep the peace and enforce the law of the
land."
The above,recited duties,and 'powersof the Federal Bureau
of Investigation clearly show that such vehicles when used In
an official capacity are used to disaharge functions vitally
connected with public safety;,,
Attorney General's Opinion v-580, together'with the
departmental construction thereunder;.having~stood unmolested
by statutory amendment,during the years since the,,issuanceof
such opinion are themselves authorities for.the.proposition,
and it 16,the opinion of this office; that.,FederalBureau
of Investigation vehicles are "police vehicles" and therefore
are "authorized emergency vehicles" within the meaning af
said Article 6701d, Section 2(d);
SVMMARY~
Federal Bureau of In,vestigationvehicles are
"police vehicles" and therefore are "authorized
-878-
emergency vehicles” within the meaning of said
Article 6701d, Section Z(d).
truly yours I
krn~
c. MARTIN
General of Texas
Pxepared by Monroe Cluytqn
Assistant Attorney General,
APPFtQmD:
OPINION.C~MITTEE:
Hawthorne Phillips, Cha&rrl\an
Kerns B. Tay&or, Co-Cha$rman
Douglaw IiiChilton
Mark white
Harold’Kennady
,..,.
STAFF LEGAL&s~sTANT
A. J. Carubbi’,Jr,