AURTIN. %-EXAS 78711 

September 14, 1973 

Honorable Robert W. Post 

County Attorney 

Dewitt County 

P. 0. Box 110 

Cuero, Texas 77954 

Dear Mr. Post: 

Opinion No. H-102 

Re: Applicability of Art. 

459013 and 6701d, 

V. T. C. S., to private 

ambulances 

You have requested our opinion concerning the regulation of 

private ambulances under the provisions of Articles 4590b and 6701d, 

V. T. C. S. 

Your first two questions are as follows: 

1 . “Is the operator of a private ambulance 

which answers calls from the police dispatcher to 

pick up victims of wrecks or other emergencies 

required to have a permit from the State Board of 

Health under Art. 4590b?” 

2. “Is the operator of a private ambulance 

which does not answer calls from the police dispatcher to pick up victims of wrecks, etc., but 

which does transfer private patients from home 

to hospital and from one hospital to another, required 

to have a permit from the State Board of Health under 

Art. 4590b? ” 

Article 4590b, Vernon’s Texas Civil Statutes, provides in part that 

no person shall operate ” . . . any emergency ambulance, public or private, or any other vehicle commonly used for the transportation or conveyance of the sick or injured, without first securing a permit thcrefor from 

the State Board of Health . . . . ” 

p. 467 
The Honorable Robert W. Post, page 2 (H-102) 

This statute is applicable to “any emergency ambulance, public or 

private, ” and thus your first questionmust be answered in the affirmative. 

The statute also applies to “any other vehicle commonly used for 

the transportation or conveyance of the sick or injured, ” which we believe 

covers the circumstances described in your second question. We also 

believe that the Legislature intended for the phrase “public or private” 

to apply to such other vehicles. The statute as passed declared an emergency “for the benefit of public safety, ” Acts, 48th Legislature, 1943, 

p. 633. ch. 360, and we see no distinction between public and private 

ambulances in serving this purpose. Accordingly, we answer your second 

question in the affirmative. 

Your next two questions are as follows: 

3. “Is the operator of a private ambulance 

operated under permit from the State Board of 

Health in violation of Art. 6701d if the ambulance 

does not have the siren and flashing red lights 

required by’that Article? ” 

4. “Is the operator of a private ambulance 

operated (either legally or illegally, depending on 

the answer [to] the first two questions above) without a permit from the State Board of Health in violation of Art. 6701d if the ambulance does not have 

the siren and flashing red lights required by that 

Article? ” 

Article 6701d. 5 2(d), defines “authorized emergency vehicle” to 

ihclude ” . . . public and private ambulances for which permits have 

been issued by the State Board of Health. . . .‘I 

Article 6701d, 5 124(a), requires every “authorized emergency 

vehicle” to be equipped with siren, whistle, or bell; and S 124(b) requires 

it to be equipped with signal lamps displaying both to front and to rear 

two alternately flashing red lights, etc. 

p. 468 
The Honorable Robert W. Post, page 3 (H-102) 

A private ambulance operating under a permit from the State Board 

of Health is plainly an “authorized emergency vehicle” under -4rticLe 670ld 

$ 2(d) and is thus subject to the requirements of each section of Article 

670ld applicable to authorized emergency vehicles. Accordingly your third 

question requires an affirmative answer. 

The operation of a private ambulance without a permit is in violation 

of Article 4590b and subjects the operator to the penalties set forth in 5 5 

of that act. We believe that the Legislature intended the provisions of 

Article 6701d to apply to all vehicles that are subject to the provisions of 

Article 459013, whether in compliance with that statute or not, and certainly 

the Legislature did not intend to exempt owners and operators of ambulances 

on the basis of non-compliance with Article 4590b. This would ascribe to 

the Legislature an unreasonable intent, in violation of basic rules of statutory construction. 53 Tex. Jur. 2d, Statutes, 5 126. 

Accordingly, your fourth question is answered in the affirmative. 

SUMMARY 

Both Articles 4590b and 670ld, V. T. C. S., are 

applicable to private ambulances and require that 

they be licensed by the State Board of Health and 

carry the required equipment. 

Very truly yours, 

A I&~~OVED: 

( &,$R\srY F/ YORK, F/i-s; Assist&t 

Opinion’ Committee 

p. 469