traffic light until after he has ensured that he can safely do so. 2. S driver not reckless as a matter of law under emergency response exception where evidence showed lights and siren were activated, driver slowed and looked at intersection and observed drivers yielding to ambulance, and proceeded into intersection without coming to complete stop). Therefore, DPS met its burden to establish lack of subject matter jurisdiction. See Martin, 971 S.W.2d at 430. Because DPS alleged and introduced evidence that the trial court lacked subject matter jurisdiction, the burden shifted to Sparks to raise a genuine issue of material fact on whether Hallett acted with conscious in 2008 WL 820385, *4-5, 2008 Tex.App. LEXIS 2236, at **12-14 (Tex.App.-Fort Worth Mar. 27, 2008, pet. denied) (mem. op.) (<HOLDING>). Sparks also cites Sergeant Garrett’s report
holding evidence that officer entered the intersection against red light insufficient to raise fact issue as to whether he acted recklessly holding officers failure to adhere to policy requiring emergency vehicles to come to complete stop and failure to remember looking both ways before entering intersection did not raise fact issue as to whether officer acted in conscious indifference to or reckless disregard for safety of others holding that defendant failed to raise a constitutional issue at trial and thus failed to preserve the issue for appellate review holding that written reprimand stating that officer failed to exercise due care and failed to comply with section 546005 were evidence that officer only acted negligently and did not raise fact issue on reckless disregard holding prison official must have acted with reckless disregard for the inmates safety