| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the definitions of police vehicle and authorized |
|
|
emergency vehicle for the purposes of certain traffic laws. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 541.201(13-a), Transportation Code, is |
|
|
amended 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 that: |
|
|
(A) is owned or leased by a governmental entity; |
|
|
or |
|
|
(B) is a private vehicle used by the peace |
|
|
officer that: |
|
|
(i) is approved for use for law enforcement |
|
|
purposes by the head of the law enforcement agency that employs the |
|
|
peace officer, or by that person's designee; and |
|
|
(ii) if applicable, complies with any rule |
|
|
adopted by the commissioners court of a county under Section |
|
|
170.001, Local Government Code. |
|
|
SECTION 2. 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 3. Section 284.070, Transportation Code, is amended |
|
|
by amending Subsection (e) and adding Subsection (f) 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. |
|
|
(f) In this section, "authorized emergency vehicle" has the |
|
|
meaning assigned by Section 541.201. |
|
|
SECTION 4. Section 366.178, Transportation Code, is amended |
|
|
by amending Subsection (a) and adding Subsection (j) to read as |
|
|
follows: |
|
|
(a) A motor vehicle other than an authorized emergency |
|
|
vehicle[, as defined by Section 541.201,] 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. |
|
|
(j) In this section, "authorized emergency vehicle" has the |
|
|
meaning assigned by Section 541.201. |
|
|
SECTION 5. Sections 370.177(a) and (k), Transportation |
|
|
Code, are 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. |
|
|
(k) In this section: |
|
|
(1) "Authorized emergency vehicle" has the meaning |
|
|
assigned by Section 541.201. |
|
|
(2) "Registered [, "registered] owner" means the owner |
|
|
of a vehicle as shown on the vehicle registration records of the |
|
|
department or the analogous department or agency of another state |
|
|
or country. |
|
|
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, 2009. |