Sec. 545.421. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER; OFFENSE. (a) A person commits an offense if the person operates a motor vehicle and wilfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.
(b) A signal under this section that is given by a police officer pursuing a vehicle may be by hand, voice, emergency light, or siren. The officer giving the signal must be in uniform and prominently display the officer's badge of office. The officer's vehicle must bear the insignia of a law enforcement agency, regardless of whether the vehicle displays an emergency light.
(c) Except as provided by Subsection (d), an offense under this section is a Class B misdemeanor.
(d) An offense under this section is a Class A misdemeanor if the person, during the commission of the offense, recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(e) A person is presumed to have recklessly engaged in conduct placing another in imminent danger of serious bodily injury under Subsection (d) if the person while intoxicated knowingly operated a motor vehicle during the commission of the offense. In this subsection, "intoxicated" has the meaning assigned by Section 49.01, Penal Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.21, eff. September 1, 2009.
Structure Texas Statutes
Title 7 - Vehicles and Traffic
Subtitle C - Rules of the Road
Chapter 545 - Operation and Movement of Vehicles
Subchapter I. Miscellaneous Rules
Section 545.401. Reckless Driving; Offense
Section 545.402. Moving a Parked Vehicle
Section 545.403. Driving Through Safety Zone
Section 545.404. Unattended Motor Vehicle
Section 545.405. Driving on Mountain Highway
Section 545.407. Following or Obstructing Fire Apparatus or Ambulance
Section 545.408. Crossing Fire Hose
Section 545.409. Drawbars and Trailer Hitches; Saddle-Mount Towing
Section 545.410. Towing Safety Chains
Section 545.411. Use of Rest Area: Offense
Section 545.412. Child Passenger Safety Seat Systems; Offense
Section 545.4121. Dismissal; Obtaining Child Passenger Safety Seat System
Section 545.413. Safety Belts; Offense
Section 545.414. Riding in Open Beds; Offense
Section 545.4145. Riding in or on Boat or Personal Watercraft Drawn by Vehicle; Offense
Section 545.415. Backing a Vehicle
Section 545.416. Riding on Motorcycle or Moped
Section 545.4165. Operation of Certain Motorcycles
Section 545.417. Obstruction of Operator's View or Driving Mechanism
Section 545.418. Opening Vehicle Doors
Section 545.419. Riding in House Trailer
Section 545.420. Racing on Highway
Section 545.421. Fleeing or Attempting to Elude Police Officer; Offense
Section 545.422. Crossing Sidewalk or Hike and Bike Trail
Section 545.423. Crossing Property
Section 545.424. Operation of Vehicle by Person Under 18 Years of Age
Section 545.4251. Use of Portable Wireless Communication Device for Electronic Messaging; Offense
Section 545.4252. Use of Wireless Communication Device on School Property; Offense
Section 545.426. Operation of School Bus
Section 545.427. Operation of Vehicle With Insufficient Undercarriage Clearance