'Hon. Homer .Garrieon, Jr., director Opinion No. M-183 

Texas ,Department of Public Safety 

Austin, Texas Re: Whether F.B.I. vehiales 

are "aufhoriaed emergency 

vehticles" ,as def.ineC in 

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 StateBoard of Hea,lth, emergency',,vehicles ormunicipal department6 or public service corpora- ~' 

tions 'as era desginated,,or authorised,by,the, 

governing body ,of an incorporated.city,;.and 

private vehicles operated by volunteer firemen while answering,,= fire~~alann.” 

The director, associate,' assistants, inspector5-,and'~~ 

agents of the Federal Bureau of Investigationof the,Bepartment of Justice may carry fireans;'serve-.warrants-ana subpoenas 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 theirpresence, 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'or ib'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.,a pol,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,sed in.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 'powers of 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,,issuance of 

such opinion are themselves authorities for.the.proposition, 

and it 16, the opinion of this office; that.,Federal Bureau 

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 Iii Chilton 

Mark white 

Harold’Kennady 

,..,. 

STAFF LEGAL&s~sTANT 

A. J. Carubbi’, Jr,