'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",asdef.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 Investigationvehicles 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 EmergencyVehicle.~VehLcles,of~ the fire department'(ffrepatrol); ,police vehicles; public and private,ambulances.for Which'pennits have'been-issued,-by ,theStateBoard of Hea,lth,

emergency',,vehiclesormunicipal department6 or public service corpora- ~' tions 'asera desginated,,or authorised,by,the, governing **body** ,ofan incorporated.city,;.and private vehicles operatedby 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-anasubpoenas 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,UnitedStatescommitted,-intheirpresence, or for any felonyoffense.~ c'ogni,sable~,ander

the-laws of the United States if they havereasonable,-grounds.to.believe .thatthe person to be arrested.has ,committ~ed'orib'conunktting such felony,. ~18U.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-ImmigrationBorder 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 Legislaturewas that.,a pol,ice vehicle should include any official vehicle used to discharge functionsvitally 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,recitedduties, 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,duringthe 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 "policevehicles" and therefore are "authorized emergency vehicles"within the meaning af said Article 6701d, Section 2(d); SVMMARY~ Federal Bureau of In,vestigationvehiclesare "police vehicles" **and** therefore are "authorized

-878-emergency vehicles”within the meaning of said Article 6701d, Section Z(d). truly yoursI

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’,

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