BILL ANALYSIS
H.B. 3143
By: Hamric
04-19-95
Committee Report (Amended)
BACKGROUND
Under current law, (Vernon's Texas Civil Statutes, Article 6795b-1)
if a person refuses to pay the required toll on the Harris County
Toll Road, county law enforcement officials can impound the vehicle
and issue a citation with fines payable up to $100 per violation.
However, these punishments have little deterrent effect because the
driver must be specifically identified by a peace officer or toll
road agent.
The Toll Road Authority runs video cameras 24 hours a day at toll
stations. Consequently, a much more effective and efficient
approach to prosecuting offenders would be to use video cameras to
identify a vehicle by license plate number with the presumption
that the registered owner of the vehicle is the offender or
authorized the use of the motor vehicle in violation use of the
law.
PURPOSE
The purpose of HB 3143 is to enforce the payment of tolls on the
Harris County Toll Road by establishing a legal mechanism whereby
registered owners of offending vehicles can be prosecuted for the
offense. This will allow the identification of an owner by video
camera record of a vehicle license plate number. The bill also
provides additional enforcement remedies, including the
immobilization of an offending vehicle.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1: Amends V.T.C.S., Article 6795b-1 by adding sections 8e
and 8f as follows:
8e. (a)Authorizes Harris County commissioners court to adopt an
order prohibiting operation of a motor vehicle on the Harris County
Toll Road if (1)the operator has failed to pay the toll and (2)the
county has notified the vehicle's owner of the unpaid charge.
(b)Notice must be sent at least ten days before the prohibition
becomes effective. (c)Specifies that violation of the order is a
Class C misdemeanor.
8f. (a)Authorizes a commissioners court in a county with a
population over 2.2 million to adopt an administrative adjudication
hearing for a violation of Sec. 8e.
(b)Provides that a hearing procedure under Subsection (a) must
provide (1)a period for a person charged to (A)pay the tolls or
charges; or (B)request a hearing; and (2)appointment of hearing
officers to preside over cases.
(c)provides that an order made by a hearing officer may be enforced
by a justice of the peace.
(d)indicates that the registered owner of the vehicle in question
is presumed to be the person who operated the vehicle or allowed
another person to operate the vehicle in violation of the order.
Permits a computer-generated identification of the vehicle's owner
to be prima facie evidence in the hearing.
(e)indicates that a summons or citation must include the time and
place of a hearing. Such notice must notify the individual that he
is entitle to a hearing without delay.
(f)Requires a hearing officer to render a decision whether the
person charged is liable for a violation and, if so, the amount of
the fine, including any costs to be assessed.
(g)Authorizes enforcement of a hearing officer's decision by
(1)vehicle impoundment (if the offender has committed three or more
violations in a calendar year), (2)immobilization of the vehicle,
(3)levy of an additional fine, or (4)denial of registration of the
vehicle. (h)specifies that a hearing officer's decision must be
kept and recorded separately from citations and allows recording
through computer printouts or other data processing means.
(j)Gives an offender the right to appeal a hearing officer decision
to a county court at law.
(k)provides that the court must notify all parties of the time and
place of the appeal hearing.
(l)indicates that notice of an appeal under this section does not
postpone enforcement and collection of a previous decision unless
the individual charged posts a bond with a county-sanctioned
agency.
SECTION 2: This act applies only to offenses that occur after the
effective date.
SECTION 3: Effective date: September 1, 1995
SECTION 4: Emergency clause.
EXPLANATION OF AMENDMENTS
Committee Amendment # 1 would amend H.B. 3143 by striking subsection 8f(g)(1) on lines 14-15,
page 3, and renumbering the subsequent subsections accordingly. Committee amendment #1 would
strike vehicle impoundment as a penalty for repeat toll road scofflaws.
SUMMARY OF COMMITTEE ACTION
Pursuant to a public notice posted on April 7, 1995 at 5:04 p.m., the House Committee on
Transportation met in a public hearing on Wednesday, April 12, 1995, at 2:00 p.m., or upon
adjournment, in Room E1.014 of the Capitol Extension and was called to order at 3:58 p.m. by the
Chair, Representative Clyde Alexander. The Chair laid out H.B. 3143 and recognized
Representative Hamric to explain H.B. 3143. Representative Bosse laid out Committee amendment
#1 for discussion purposes only. The Chair recognized the following person who testified but was
neutral on H.B. 3143. Wesley Freise, Harris County Toll Road Authority. The Chair left H.B. 3143
pending before the Committee. Pursuant to a public notice posed on April 13, 1995 at 4:14 p.m.,
the House Committee on Transportation met in a public hearing on Wednesday, April 19, 1995 at
2:00 p.m., or upon adjournment, in Room E1.014 of the Capitol Extension and was called to order
at 2:16 p.m. by the Chair, Representative Clyde Alexander. The Chair laid out H.B. 3143 by
Hamric, which was pending before the Committee. Representative Edwards laid out Committee
amendment #1 to H.B. 3143, and without objection, Committee amendment #1 was adopted.
Representative Bosse moved that the Committee report H.B. 3143, as amended, to the full House
with the recommendation that it do pass. The motion prevailed by the following vote: Ayes (7),
Nayes (0), Absent (2), Present not voting (0).