Middleton Toll Bill Ends Toll Authorities’ Power To Refuse Registration

The text as introduced · 1,323 words

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.