81R24864 TRH-D
By: Quintanilla, Fletcher, Flynn H.B. No. 805
Substitute the following for H.B. No. 805:
By: Pickett C.S.H.B. No. 805
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.