By: Martinez, Krusee, Harper-Brown, H.B. No. 937
      Leibowitz
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the definition of certain authorized emergency vehicles
  and to an exemption from the payment of a toll for those vehicles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 228.054(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (e), the operator of a
  vehicle, other than an authorized emergency vehicle, as defined by
  Section 541.201, that is driven or towed through a toll collection
  facility shall pay the proper toll. The exemption from payment of a
  toll for an authorized emergency vehicle applies regardless of
  whether the vehicle is:
               (1)  responding to an emergency;
               (2)  displaying a flashing light; or
               (3)  marked as an emergency vehicle.
         SECTION 2.  Section 284.070, Transportation Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  An authorized emergency vehicle, as defined by Section
  541.201, is exempt from payment of a toll imposed under this chapter
  regardless of whether the vehicle is:
               (1)  responding to an emergency;
               (2)  displaying a flashing light; or
               (3)  marked as an emergency vehicle.
         SECTION 3.  Section 366.178(a), Transportation Code, is
  amended to read as follows:
         (a)  A motor vehicle other than an authorized emergency
  vehicle, as defined by Section 541.201, [a police or emergency
  vehicle] that passes through a toll collection facility, whether
  driven or towed, shall pay the proper toll.  The exemption from
  payment of a toll for an authorized emergency vehicle applies
  regardless of whether the vehicle is:
               (1)  responding to an emergency;
               (2)  displaying a flashing light; or
               (3)  marked as a police or emergency vehicle.
         SECTION 4.  Section 370.177(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (a-1), the operator of
  a vehicle, other than an authorized emergency vehicle as defined by
  Section 541.201, that is driven or towed through a toll collection
  facility of a turnpike project shall pay the proper toll. The
  operator of a vehicle who drives or tows a vehicle through a toll
  collection facility and does not pay the proper toll commits an
  offense. An offense under this subsection is a misdemeanor
  punishable by a fine not to exceed $250. The exemption from payment
  of a toll for an authorized emergency vehicle applies regardless of
  whether the vehicle is:
               (1)  responding to an emergency;
               (2)  displaying a flashing light; or
               (3)  marked as an emergency vehicle.
         SECTION 5.  Section 541.201, Transportation Code, is amended
  by adding Subdivision (13-a) to read as follows:
               (13-a)  "Police vehicle" means a vehicle of a
  governmental entity primarily used by a peace officer, as defined
  by Article 2.12, Code of Criminal Procedure, for law enforcement
  purposes.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.