bill letting police-called tow trucks skip tolls

The text as introduced · 665 words

By: Bhojani
H.B. No. 526

A BILL TO BE ENTITLED

AN ACT

relating to toll fees for tow trucks performing incident management

tows initiated by peace officers.

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

SECTION 1. Subchapter B, Chapter 372, Transportation Code,

is amended by adding Section 372.0525 to read as follows:

Sec. 372.0525. TOLL EXEMPTION FOR INCIDENT MANAGEMENT TOWS.

(a) In this section:

(1) "Incident management tow" and "tow truck" have the

meanings assigned by Section 2308.002, Occupations Code.

(2) "Toll project" has the meaning assigned by Section

372.001, Transportation Code.

(3) "Toll operator" means a toll project entity under

Sec. 372.001, or any other public or private person authorized to

impose or collect a toll for the use of a toll project.

(b) A toll operator may not charge a toll or related fee for

a tow truck, or a vehicle being towed by it, while the tow truck is:

(1) traveling to the scene of a traffic collision or

other incident for the purposes of responding to an incident

management tow initiated by a peace officer; or

(2) transporting a vehicle away from the scene as part

of an incident management tow initiated by a peace officer.

(c) A toll operator may require the owner of the tow truck to

submit documentation of the peace officer's request, such as the

incident or call number assigned by the law enforcement agency, and

shall refund or credit any toll or related fee charged for travel

described by subsection (b).

(d) This section does not exempt travel after the towed

vehicle has been delivered to the initial destination for its

release, storage, or other lawful disposition.

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, or a vehicle exempt from payment of a toll under

Section 372.0525, 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 adding Subsection (f) to read as follows:

(f) A vehicle exempt from payment of a toll under Section

372.0525 is exempt from payment of a toll imposed under this

chapter.

SECTION 4. 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, or a vehicle exempt from

payment of a toll under Section 372.0525, that passes through a toll

assessment 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 5. 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 , or a vehicle exempt from payment of a toll under

Section 372.0525 , 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 6. This Act takes effect September 1, 2027.