I'm late to the discussion, but driving on the shoulder is legal in Texas.
Texas Transportation Code - Section 545.058. Driving On Improved Shoulder - Texas Attorney Resources - Texas Laws
Quote:
545.058. DRIVING ON IMPROVED SHOULDER. (a) An operator
may drive on an improved shoulder to the right of the main traveled
portion of a roadway if that operation is necessary and may be done
safely, but only:
(1) to stop, stand, or park;
(2) to accelerate before entering the main traveled
lane of traffic;
(3) to decelerate before making a right turn;
(4) to pass another vehicle that is slowing or stopped
on the main traveled portion of the highway, disabled, or preparing
to make a left turn;
(5) to allow another vehicle traveling faster to pass;
(6) as permitted or required by an official
traffic-control device; or
(7) to avoid a collision.
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I use this regularly, as do other motorists. A number of times I've pulled over to allow highway patrol to pass. They not only don't ticket me, they give the customary double-taillight-blink thank you signal.