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Senate Bill 1792 |
Senate Author: Watson et al. |
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Effective: 6-14-13 |
House Sponsor: Phillips |
Senate Bill 1792 amends the Transportation Code and Government Code to establish optional remedies for the nonpayment of tolls and administrative fees assessed by a toll project entity. The bill authorizes a toll project entity to publish a list of the names of the registered owners or lessees of nonpaying vehicles who at the time of publication owe tolls or administrative fees to the publishing entity. The list may include address information, the number of times a person failed to pay tolls or fees, and the amount the person owes.
Senate Bill 1792 authorizes a toll project entity to enter into a written payment plan agreement with a person who has outstanding tolls and administrative fees. If a person defaults on the agreement, the toll project entity, after appropriately notifying the person in default and in addition to other available remedies, may refer the matter to an authorized attorney for filing suit in district court.
Senate Bill 1792 authorizes a toll project entity, in lieu of mailing a written notice of nonpayment, to serve the notice in person if the vehicle is not registered in Texas. In these circumstances, the notice may be served by an employee of a governmental entity operating an international bridge at the time the vehicle is entering or exiting Texas and must include a warning that the failure to pay the amount in the notice may result in the toll project entity's exercise of habitual violator remedies. The bill makes it a misdemeanor offense punishable by a fine not to exceed $250 for a person so served to fail to pay the amount of tolls and administrative fees owed within the time specified in the notice. The bill authorizes the court in which an owner is convicted of such an offense to also collect the amount of tolls and administrative fees owed and forward the amount to the toll project entity. The bill establishes certain defenses to prosecution for this offense.
Senate Bill 1792 establishes that, for purposes of its provisions, a habitual violator is a registered owner of a vehicle about whom a toll project entity determines the following: the owner was issued at least two written nonpayment notices that contained, in the aggregate, 100 or more events of nonpayment within a one-year period, with certain exceptions, and a warning that the failure to pay may result in the entity's exercise of habitual violator remedies; and the owner has not paid in full the total amount due for tolls and administrative fees for which notice was given. On making those determinations, the entity must give certain notice of the determination to the registered owner, who is entitled to request within a certain time frame a hearing on the toll project entity's habitual violator determination. If the registered owner does not timely request a hearing, the determination becomes final and not subject to appeal. The bill sets out hearing and appeal procedures and requires a requestor to pay a $100 hearing filing fee. A final determination that a person is a habitual violator remains in effect until the amount of tolls and fees due is paid or the toll project entity determines that the amount has been otherwise addressed. On termination of the habitual violator status, the toll project entity must send notice of the termination to the vehicle's registered owner and the county assessor-collector or the Texas Department of Motor Vehicles (TxDMV), as appropriate.
Senate Bill 1792 authorizes a toll project entity, by order of its governing body, to ban the operation of a motor vehicle on a toll project of the entity if the vehicle's registered owner has been finally determined to be a habitual violator and the entity has provided required notice of the ban order to the registered owner. The bill makes it a Class C misdemeanor offense to operate a motor vehicle on a toll project in violation of a ban order. The bill authorizes a peace officer to detain a motor vehicle banned on the toll project and to impound the vehicle if certain conditions are met. The vehicle may be released from impound after a toll project entity determines that all tolls and fees owed by the owner to the entity have been paid or otherwise addressed and towing, storage, and impound fees are paid.
Senate Bill 1792 authorizes a toll project entity, after a final determination that the registered owner of a vehicle is a habitual violator, to report the determination to a county assessor-collector or the TxDMV, which is authorized to deny the vehicle's registration or registration renewal based on the determination.
Senate Bill 1792 sets out provisions authorizing a toll project entity to seek habitual violator remedies against a lessee of a vehicle and not the registered owner under certain circumstances and against an owner of a vehicle that is not registered in Texas.
Senate Bill 1792 establishes a temporary grace period, ending September 13, 2013, during which a person determined to be a habitual violator by a regional tollway authority on June 14, 2013, has the option of paying unpaid tolls and opening a toll tag account, entering into a payment plan agreement and opening a toll tag account, or requesting a hearing on the habitual violator determination. The bill sets out notice requirements and prohibits a regional tollway authority from pursuing habitual violator remedies against a person who opens a toll tag account and fulfills other specified criteria. These provisions expire August 31, 2015.