Texas 2025 - 89th Regular

Texas House Bill HB4907 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4886 MZM-D
2	2	By: Rodríguez Ramos H.B. No. 4907
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to repealing certain offenses involving toll violations.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 228.0547, Transportation
12	12	Code, is amended to read as follows:
13	13	Sec. 228.0547. PAYMENT OF TOLL INVOICE[; OFFENSE].
14	14	SECTION 2. Section 228.0547(e), Transportation Code, is
15	15	amended to read as follows:
16	16	(e) The department may contract, in accordance with Section
17	17	2107.003, Government Code, with a person to collect the unpaid toll
18	18	and any applicable administrative fee [before referring the matter
19	19	to a court with jurisdiction over the offense].
20	20	SECTION 3. The heading to Section 284.070, Transportation
21	21	Code, is amended to read as follows:
22	22	Sec. 284.070. EXEMPTION FOR AUTHORIZED EMERGENCY VEHICLES
23	23	[NONPAYMENT OF TOLL; OFFENSE].
24	24	SECTION 4. Section 284.204(b), Transportation Code, is
25	25	amended to read as follows:
26	26	(b) A hearing procedure adopted under Subsection (a) must
27	27	provide:
28	28	(1) a period for a person charged with violating the
29	29	order:
30	30	(A) to pay the toll or charge plus administrative
31	31	costs authorized by Section [Sections] 284.202 [and 284.2031]; or
32	32	(B) to request a hearing;
33	33	(2) for appointment of one or more hearing officers
34	34	with authority to administer oaths and issue orders compelling the
35	35	attendance of witnesses and the production of documents; and
36	36	(3) for the amount and disposition of civil fines,
37	37	costs, and fees.
38	38	SECTION 5. Section 284.206(d), Transportation Code, is
39	39	amended to read as follows:
40	40	(d) A person may establish that the person did not violate
41	41	[It is a defense to prosecution under] this subchapter by
42	42	presenting evidence that the vehicle in question was stolen before
43	43	the failure to pay the proper toll occurred and had not been
44	44	recovered before the failure to pay occurred, but only if the theft
45	45	was reported to the appropriate law enforcement authority before
46	46	the earlier of:
47	47	(1) the occurrence of the failure to pay; or
48	48	(2) eight hours after the discovery of the theft.
49	49	SECTION 6. Section 284.209, Transportation Code, is amended
50	50	to read as follows:
51	51	Sec. 284.209. ENFORCEMENT OF DECISION. A decision issued
52	52	under Section 284.208(a) may be enforced by:
53	53	(1) placing a device that prohibits movement of a
54	54	motor vehicle on the vehicle that is the subject of the decision; or
55	55	(2) imposing an additional fine if the fine for the
56	56	violation [offense] is not paid within a specified time[; or
57	57	[(3) refusing to allow the registration of the
58	58	vehicle].
59	59	SECTION 7. The heading to Section 370.177, Transportation
60	60	Code, is amended to read as follows:
61	61	Sec. 370.177. FAILURE OR REFUSAL TO PAY TURNPIKE PROJECT
62	62	TOLL; [OFFENSE;] ADMINISTRATIVE PENALTY.
63	63	SECTION 8. Sections 370.177(a), (e), (e-1), (f), and (j),
64	64	Transportation Code, are amended to read as follows:
65	65	(a) Except as provided by Subsection (a-1), the operator of
66	66	a vehicle, other than an authorized emergency vehicle as defined by
67	67	Section 541.201, that is driven or towed through a toll collection
68	68	facility of a turnpike project shall pay the proper toll. [The
69	69	operator of a vehicle who drives or tows a vehicle through a toll
70	70	collection facility and does not pay the proper toll commits an
71	71	offense. An offense under this subsection is a misdemeanor
72	72	punishable by a fine not to exceed $250.] The exemption from
73	73	payment of a toll for an authorized emergency vehicle applies
74	74	regardless of whether the vehicle is:
75	75	(1) responding to an emergency;
76	76	(2) displaying a flashing light; or
77	77	(3) marked as an emergency vehicle.
78	78	(e) It is an exception to the application of Subsection (b)
79	79	[or (d)] that the registered owner of the vehicle is a lessor of the
80	80	vehicle and not later than the 30th day after the date the notice of
81	81	nonpayment is mailed provides to the authority:
82	82	(1) a copy of the rental, lease, or other contract
83	83	document covering the vehicle on the date of the nonpayment under
84	84	Subsection (a), with the name and address of the lessee clearly
85	85	legible; or
86	86	(2) electronic data, other than a photocopy or scan of
87	87	a rental or lease contract, that contains the information required
88	88	under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
89	89	the date of the nonpayment under Subsection (a).
90	90	(e-1) If the lessor provides the required information
91	91	within the period prescribed under Subsection (e), the authority
92	92	may send a notice of nonpayment to the lessee at the address
93	93	provided under Subsection (e) by first class mail before the 30th
94	94	day after the date of receipt of the required information from the
95	95	lessor. [The lessee of the vehicle for which the proper toll was
96	96	not paid who is mailed a written notice of nonpayment under this
97	97	subsection and fails to pay the proper toll and administrative fee
98	98	within the time specified by the notice of nonpayment commits an
99	99	offense. The lessee shall pay a separate toll and administrative
100	100	fee for each event of nonpayment. Each failure to pay a toll or
101	101	administrative fee under this subsection is a separate offense.]
102	102	(f) It is an exception to the application of Subsection (b)
103	103	[or (d)] that the registered owner of the vehicle transferred
104	104	ownership of the vehicle to another person before the event of
105	105	nonpayment under Subsection (a) occurred, submitted written notice
106	106	of the transfer to the department in accordance with Section
107	107	501.147, and before the 30th day after the date the notice of
108	108	nonpayment is mailed, provides to the authority the name and
109	109	address of the person to whom the vehicle was transferred. If the
110	110	former owner of the vehicle provides the required information
111	111	within the period prescribed, the authority may send a notice of
112	112	nonpayment to the person to whom ownership of the vehicle was
113	113	transferred at the address provided by the former owner by first
114	114	class mail before the 30th day after the date of receipt of the
115	115	required information from the former owner. [The subsequent owner
116	116	of the vehicle for which the proper toll was not paid who is mailed a
117	117	written notice of nonpayment under this subsection and fails to pay
118	118	the proper toll and administrative fee within the time specified by
119	119	the notice of nonpayment commits an offense. The subsequent owner
120	120	shall pay a separate toll and administrative fee for each event of
121	121	nonpayment under Subsection (a). Each failure to pay a toll or
122	122	administrative fee under this subsection is a separate offense.]
123	123	(j) A person may establish that the person did not violate
124	124	[It is a defense to prosecution under] this section by presenting
125	125	evidence that the motor vehicle in question was stolen before the
126	126	failure to pay the proper toll occurred and was not recovered by the
127	127	time of the failure to pay, but only if the theft was reported to the
128	128	appropriate law enforcement authority before the earlier of:
129	129	(1) the occurrence of the failure to pay; or
130	130	(2) eight hours after the discovery of the theft.
131	131	SECTION 9. The heading to Section 372.110, Transportation
132	132	Code, is amended to read as follows:
133	133	Sec. 372.110. ORDER PROHIBITING OPERATION OF MOTOR VEHICLE
134	134	ON TOLL PROJECT [; OFFENSE].
135	135	SECTION 10. The following provisions of the Transportation
136	136	Code are repealed:
137	137	(1) Sections 228.0547(c) and (d);
138	138	(2) Section 228.056;
139	139	(3) Sections 284.070(a), (b), (c), and (d);
140	140	(4) Section 284.0701;
141	141	(5) Section 284.0702;
142	142	(6) Section 284.203;
143	143	(7) Section 284.2031;
144	144	(8) Section 284.207;
145	145	(9) Sections 370.177(d), (g), (h), and (i);
146	146	(10) Sections 372.105(c), (d), (e), and (f);
147	147	(11) Section 372.110(d);
148	148	(12) Section 372.111; and
149	149	(13) Section 502.011.
150	150	SECTION 11. The changes in law made by this Act apply only
151	151	to a toll incurred on or after the effective date of this Act. A
152	152	toll incurred before the effective date of this Act is governed by
153	153	the law in effect on the date the toll was incurred, and the former
154	154	law is continued in effect for that purpose.
155	155	SECTION 12. This Act takes effect September 1, 2025.