BILL ANALYSIS
H.B. 3143
By: Hamric (Brown)
Intergovernmental Relation
5-22-95
Senate Committee Report (Unamended)
BACKGROUND
Currently, under Article 6795b-1, V.T.C.S., county law enforcement
officials can impound a vehicle and issue a citation with fines
payable up to $100 per violation, if a person refuses to pay the
required toll on the Harris County Toll Road. These punishments
have little deterrent effect since 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 of the law.
PURPOSE
As proposed, H.B. 3143 sets forth provisions relating to the
unauthorized use by a motor vehicle of toll roads in certain
counties; provides criminal and administrative penalties.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 6795b-1, V.T.C.S., by adding Sections 8e
and 8f, as follows:
Sec. 8e. (a) Authorizes the commissioners court of a county
with a population of more than 2.2 million to adopt an order
prohibiting the operation of a motor vehicle on a county
project described by Section 1 of this Act if an operator of
the vehicle has failed to pay a required toll or charge and
the county provides the registered owner of the vehicle with
notice of the unpaid toll or charge.
(b) Requires the notice to be mailed to the register owner
of a vehicle at least 10 days before the date that the
prohibition takes effect.
(c) Provides that a person commits an offense if the person
operates a motor vehicle or causes or allows the operation
of a motor vehicle in violation of an order adopted under
Subsection (a) of this section. Provides that an offense
under this subsection is a Class C misdemeanor.
Sec. 8f. (a) Authorizes a commissioners court of a county
with a population of more than 2.2 million to adopt an
administrative adjudication hearing procedure for a person who
is suspected of having violated an order adopted under Section
8e(a) of this Act on at least two separate occasions within a
12-month period in connection with a toll to be paid by
electronic means.
(b) Requires a hearing procedure adopted under Subsection
(a) of this section to provide a period for persons charged
with violating the order to pay certain fees or to request
a hearing and for the appointment of hearing officers who
have authority to administer oaths and to issue orders
compelling the attendance of witnesses and the production of
documents.
(c) Authorizes an order made by a hearing officer under
Subsection (b)(2) of this section to be enforced by a
justice of the peace.
(d) Provides that it is presumed, in a hearing held under
this section, that the registered owner of the motor vehicle
that is the subject of the hearing is the person who
operated or allowed another person to operate the motor
vehicle in violation of the order and that a Texas
Department of Transportation computer-generated record of
the registered vehicle owner is prima facie evidence of its
contents.
(e) Requires the citation or summons to inform the
recipient of the time and place of the hearing. Provides
that the failure of any person charged with an offense to
appear at the hearing is considered an admission of
liability for the violation. Requires the citation or
summons to notify the person charged with a violation that
the person has the right of a hearing without delay.
Provides that the peace officer or toll road agent alleging
the violation is not required to attend the hearing.
Provides that the original or any copy of the summons or
citation is a record kept in the ordinary course of business
of the county and is rebuttable proof of the facts it
contains.
(f) Requires the hearing officer to issue a decision
stating whether or not the person charged is liable for a
violation of the order and the amount of any fine. Requires
a decision issued under this subsection to be filed with the
county clerk.
(g) Authorizes a decision issued under Subsection (f) to be
enforced by the imposition of certain sanctions and
penalties.
(h) Requires a decision of a hearing officer filed under
Subsection (f) to be kept in a separate index and file.
Authorizes the decisions to be recorded using certain data
processing techniques.
(i) Requires the hearing procedure adopted under Subsection
(a) of this section to provide for the amount and
disposition of civil fines, costs, and fees.
(j) Authorizes a person determined by the hearing officer
to be in violation of an order to appeal the determination
to a county court at law by filing within a certain period
a petition with the court along with payment of the costs
required by law for the court.
(k) Requires the court to schedule a hearing and notify all
parties of the date, time, and place of the hearing, after
filing a petition for appeal.
(l) Provides that service of notice of appeal under this
section does not stay the enforcement and collection of the
decision of the hearing officer unless the person who files
the appeal posts a bond with an agency designated by the
county to accept payment for violations.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 1995.
SECTION 4. Emergency clause.