BILL ANALYSIS
C.S.S.B. 1360
By: Cain
State Affairs
4-11-95
Committee Report (Substituted)
BACKGROUND
The Texas Turnpike Authority (authority) was extended after sunset
review by the 72nd Legislature. After the adoption of sunset
legislation, the authority's board of directors has determined that
amendments to their basic law would facilitate the management and
operation of the authority and clarify existing law.
PURPOSE
As proposed, C.S.S.B. 1360 sets forth authorized activities for the
operation and management of the Texas Turnpike Authority and
requirements for the payment of tolls; provides a penalty.
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 Section 5, Article 6674v, V.T.C.S., by adding
Subsections (q) and (r), as follows:
(q) Authorizes the Texas Department of Transportation
(department) to expend money for the costs of turnpike
projects, provided that any monies expended out of the state
highway fund shall be repaid to the fund from tolls or other
turnpike revenue.
(r) Authorizes the Texas Turnpike Authority (authority) to
hold an open or closed meeting by telephone conference call
using a certain procedure.
SECTION 2. Amends Section 20a, Article 6674v, V.T.C.S., as follows:
Sec. 20a. New heading: PARTICIPATION IN PROJECTS. (a)-(b)
Authorize the authority to enter into agreements with public
and private entities to construct, maintain, repair, and
operate turnpike projects. Makes conforming changes.
(c)-(f) Make no changes.
(g) Authorizes the authority to enter into agreements with
other governmental agencies and entities including the United
Mexican States and states of the United Mexican States,
independently or jointly with private agencies to provide
services, to study feasibility of projects, to finance, to
construct, to operate, and to maintain turnpike projects
pursuant to other terms hereof.
(h) Authorizes the authority to participate in and designate
board members to serve as representatives on boards,
commissions, or public bodies to promote the development of
joint toll facilities within this state, between this state
and the states of the United Mexican States, or between this
state and other domestic states. Authorizes all fees and
expenses associated with authority participation to be
reimbursed from the authority feasibility study fund.
SECTION 3. Amends Section 21, Article 6674v, V.T.C.S., by amending
Subsections (f)-(g) and adding Subsections (h)-(l), as follows:
(f) Requires any motor vehicle which is not a police or
emergency vehicle, driven or towed through a toll collection
facility to pay the proper toll. Authorizes the authority to
use such technology as it deems necessary to aid in the
collection of tolls and enforcement of toll violations by
producing recorded images of vehicles driven or towed through
toll collection facilities. Provides that all recorded images
are for the exclusive use of the authority in discharging its
duties and may not be available to the public or used in any
court except as provided in this section. Deletes existing
Subsection (f).
(g) Requires the registered owner (owner) of a vehicle that
does not pay a proper toll and on issuance of a notice of
nonpayment to be legally bound to pay both the toll and an
administrative fee. Authorizes the authority to fix, revise,
charge, and collect the fee, so as to recover the cost of
collecting the unpaid toll, up to $100. Sets forth
requirements for notifying the owner. Requires the owner to
pay a separate toll and fee for each event of nonpayment.
(h) Requires the owner to be cited as for other traffic
violations for a nonpayment of the toll and fee within the
time specified and to be legally bound to pay a fine up to
$250 for each event of nonpayment. Prohibits either the legal
obligation to pay or the actual payment of the fine from
affecting the legal duty of the owner for any other fine or
penalty. Provides that in the prosecution of a violation,
proof that the vehicle passed through a toll without payment,
together with proof that the defendant was the registered
owner of the vehicle when the failure to pay occurred,
establishes the nonpayment of the registered owner.
Authorizes the court of the local jurisdiction in which the
violation occurred to assess and collect the fine, in addition
to any court costs, provided that the court must also collect
the proper toll and fee and forward the amount to the
authority.
(i) Provides that it is a defense to nonpayment under
Subsections (f) through (j) that the motor vehicle was stolen
before the failure to pay the proper toll occurred and was not
recovered by the time of the failure to pay, provided that the
theft was reported to the appropriate law enforcement
authority within a certain time period.
(j) Prohibits an owner who is a lessor of a vehicle concerning
which a notice of nonpayment was issued from being legally
bound in connection with that notice of nonpayment, provided
that, within a certain time period, the owner provides to the
authority a copy of the document covering the vehicle on the
date of the nonpayment, with the name and address of the
lessee. Requires failure to provide such information to
render the lessor as legally bound as the owner. Requires the
lessee to be deemed the owner and to be subject to prosecution
as if the lessee were the owner if the lessor provides the
required information and the authority sends a notice of
nonpayment to the lessee within a certain time period.
(k) Defines "transponder" and "insufficiently funded."
(l) Requires the authority to cause an audit of its books and
accounts to be made at least once each year by accountants and
authorizes the cost to be treated as a part of the turnpike
project. Deletes existing Subsection (g).
SECTION 4. Effective date: September 1, 1995.
SECTION 5. Emergency clause.
Effective date: upon passage.