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.