89R4886 MZM-D

By: Middleton S.B. No. 756

A BILL TO BE ENTITLED

AN ACT

relating to repealing certain offenses involving toll violations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 228.0547, Transportation Code, is amended to read as follows:

Sec. 228.0547. PAYMENT OF TOLL INVOICE[; OFFENSE].

SECTION 2. Section 228.0547(e), Transportation Code, is amended to read as follows:

(e) The department may contract, in accordance with Section 2107.003, Government Code, with a person to collect the unpaid toll and any applicable administrative fee [before referring the matter to a court with jurisdiction over the offense].

SECTION 3. The heading to Section 284.070, Transportation Code, is amended to read as follows:

Sec. 284.070. EXEMPTION FOR AUTHORIZED EMERGENCY VEHICLES [NONPAYMENT OF TOLL; OFFENSE].

SECTION 4. Section 284.204(b), Transportation Code, is amended to read as follows:

(b) A hearing procedure adopted under Subsection (a) must provide:

(1) a period for a person charged with violating the order:

(A) to pay the toll or charge plus administrative costs authorized by Section [Sections] 284.202 [and 284.2031]; or

(B) to request a hearing;

(2) for appointment of one or more hearing officers with authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents; and

(3) for the amount and disposition of civil fines, costs, and fees.

SECTION 5. Section 284.206(d), Transportation Code, is amended to read as follows:

(d) A person may establish that the person did not violate [It is a defense to prosecution under] this subchapter by presenting evidence that the vehicle in question was stolen before the failure to pay the proper toll occurred and had not been recovered before the failure to pay occurred, but only if the theft was reported to the appropriate law enforcement authority before the earlier of:

(1) the occurrence of the failure to pay; or

(2) eight hours after the discovery of the theft.

SECTION 6. Section 284.209, Transportation Code, is amended to read as follows:

Sec. 284.209. ENFORCEMENT OF DECISION. A decision issued under Section 284.208(a) may be enforced by:

(1) placing a device that prohibits movement of a motor vehicle on the vehicle that is the subject of the decision; or

(2) imposing an additional fine if the fine for the violation [offense] is not paid within a specified time[; or

[(3) refusing to allow the registration of the vehicle].

SECTION 7. The heading to Section 370.177, Transportation Code, is amended to read as follows:

Sec. 370.177. FAILURE OR REFUSAL TO PAY TURNPIKE PROJECT TOLL; [OFFENSE;] ADMINISTRATIVE PENALTY.

SECTION 8. Sections 370.177(a), (e), (e-1), (f), and (j), 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.

(e) It is an exception to the application of Subsection (b) [or (d)] that the registered owner of the vehicle is a lessor of the vehicle and not later than the 30th day after the date the notice of nonpayment is mailed provides to the authority:

(1) a copy of the rental, lease, or other contract document covering the vehicle on the date of the nonpayment under Subsection (a), with the name and address of the lessee clearly legible; or

(2) electronic data, other than a photocopy or scan of a rental or lease contract, that contains the information required under Sections 521.460(c)(1), (2), and (3) covering the vehicle on the date of the nonpayment under Subsection (a).

(e-1) If the lessor provides the required information within the period prescribed under Subsection (e), the authority may send a notice of nonpayment to the lessee at the address provided under Subsection (e) by first class mail before the 30th day after the date of receipt of the required information from the lessor. [The lessee of the vehicle for which the proper toll was not paid who is mailed a written notice of nonpayment under this subsection and fails to pay the proper toll and administrative fee within the time specified by the notice of nonpayment commits an offense. The lessee shall pay a separate toll and administrative fee for each event of nonpayment. Each failure to pay a toll or administrative fee under this subsection is a separate offense.]

(f) It is an exception to the application of Subsection (b) [or (d)] that the registered owner of the vehicle transferred ownership of the vehicle to another person before the event of nonpayment under Subsection (a) occurred, submitted written notice of the transfer to the department in accordance with Section 501.147, and before the 30th day after the date the notice of nonpayment is mailed, provides to the authority the name and address of the person to whom the vehicle was transferred. If the former owner of the vehicle provides the required information within the period prescribed, the authority may send a notice of nonpayment to the person to whom ownership of the vehicle was transferred at the address provided by the former owner by first class mail before the 30th day after the date of receipt of the required information from the former owner. [The subsequent owner of the vehicle for which the proper toll was not paid who is mailed a written notice of nonpayment under this subsection and fails to pay the proper toll and administrative fee within the time specified by the notice of nonpayment commits an offense. The subsequent owner shall pay a separate toll and administrative fee for each event of nonpayment under Subsection (a). Each failure to pay a toll or administrative fee under this subsection is a separate offense.]

(j) A person may establish that the person did not violate [It is a defense to prosecution under] this section by presenting evidence that the motor vehicle in question was stolen before the failure to pay the proper toll occurred and was not recovered by the time of the failure to pay, but only if the theft was reported to the appropriate law enforcement authority before the earlier of:

(1) the occurrence of the failure to pay; or

(2) eight hours after the discovery of the theft.

SECTION 9. The heading to Section 372.110, Transportation Code, is amended to read as follows:

Sec. 372.110. ORDER PROHIBITING OPERATION OF MOTOR VEHICLE ON TOLL PROJECT [; OFFENSE].

SECTION 10. The following provisions of the Transportation Code are repealed:

(1) Sections 228.0547(c) and (d);

(2) Section 228.056;

(3) Sections 284.070(a), (b), (c), and (d);

(4) Section 284.0701;

(5) Section 284.0702;

(6) Section 284.203;

(7) Section 284.2031;

(8) Section 284.207;

(9) Sections 370.177(d), (g), (h), and (i);

(10) Sections 372.105(c), (d), (e), and (f);

(11) Section 372.110(d);

(12) Section 372.111; and

(13) Section 502.011.

SECTION 11. The changes in law made by this Act apply only to a toll incurred on or after the effective date of this Act. A toll incurred before the effective date of this Act is governed by the law in effect on the date the toll was incurred, and the former law is continued in effect for that purpose.

SECTION 12. This Act takes effect September 1, 2025.