By Hamric H.B. No. 3143
74R2905 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the unauthorized use by a motor vehicle of toll roads
1-3 in certain counties; providing criminal and administrative
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 304, Acts of the 50th Legislature,
1-7 Regular Session, 1947 (Article 6795b-1, Vernon's Texas Civil
1-8 Statutes), is amended by adding Sections 8e and 8f to read as
1-9 follows:
1-10 Sec. 8e. (a) The commissioners court of a county with a
1-11 population of more than 2.2 million may adopt an order prohibiting
1-12 the operation of a motor vehicle on a county project described by
1-13 Section 1 of this Act if:
1-14 (1) an operator of the vehicle has failed to pay a
1-15 required toll or charge; and
1-16 (2) the county provides the registered owner of the
1-17 vehicle with notice of the unpaid toll or charge.
1-18 (b) The notice required by Subsection (a)(2) of this section
1-19 must be mailed to the registered owner of the vehicle at least 10
1-20 days before the date that the prohibition takes effect.
1-21 (c) A person commits an offense if the person operates a
1-22 motor vehicle or causes or allows the operation of a motor vehicle
1-23 in violation of an order adopted under Subsection (a) of this
1-24 section. An offense under this subsection is a Class C
2-1 misdemeanor.
2-2 Sec. 8f. (a) A commissioners court of a county with a
2-3 population of more than 2.2 million may adopt an administrative
2-4 adjudication hearing procedure for the violation of an order
2-5 adopted under Section 8e(a) of this Act.
2-6 (b) A hearing procedure adopted under Subsection (a) of this
2-7 section must provide:
2-8 (1) a period for persons charged with violating the
2-9 order:
2-10 (A) to pay the tolls or charges plus
2-11 administrative costs; or
2-12 (B) to request a hearing; and
2-13 (2) for appointment of hearing officers who have
2-14 authority to administer oaths and to issue orders compelling the
2-15 attendance of witnesses and the production of documents.
2-16 (c) An order made by a hearing officer under Subsection
2-17 (b)(2) of this section may be enforced by a justice of the peace.
2-18 (d) In a hearing held under this section, it is presumed
2-19 that the registered owner of the motor vehicle that is the subject
2-20 of the hearing is the person who operated or allowed another person
2-21 to operate the motor vehicle in violation of the order and that a
2-22 Texas Department of Transportation computer-generated record of the
2-23 registered vehicle owner is prima facie evidence of its contents.
2-24 (e) The citation or summons must inform the recipient of the
2-25 time and place of the hearing. The failure of any person charged
2-26 with an offense to appear at the hearing is considered an admission
2-27 of liability for the violation. The citation or summons must
3-1 notify the person charged with a violation that the person has the
3-2 right of a hearing without delay. The peace officer or toll road
3-3 agent alleging the violation is not required to attend the hearing.
3-4 The original or any copy of the summons or citation is a record
3-5 kept in the ordinary course of business of the county and is
3-6 rebuttable proof of the facts it contains.
3-7 (f) The hearing officer shall issue a decision stating
3-8 whether or not the person charged is liable for a violation of the
3-9 order and the amount of any fine, including any costs to be
3-10 assessed against the person. A decision issued under this
3-11 subsection shall be filed with the county clerk.
3-12 (g) A decision issued under Subsection (f) of this section
3-13 may be enforced by:
3-14 (1) impounding the vehicle if the offender has
3-15 committed three or more violations in any calendar year;
3-16 (2) placing a device that prohibits movement of a
3-17 motor vehicle on the vehicle that is the subject of the order
3-18 filed;
3-19 (3) an additional fine if the fine for the offense is
3-20 not paid within a specified time; or
3-21 (4) refusing to allow the registration of the vehicle.
3-22 (h) A decision of a hearing officer filed under Subsection
3-23 (f) of this section must be kept in a separate index and file. The
3-24 decisions may be recorded using computer printouts, microfilm,
3-25 microfiche, or other similar data processing techniques.
3-26 (i) The hearing procedure adopted under Subsection (a) of
3-27 this section must provide for the amount and disposition of civil
4-1 fines, costs, and fees.
4-2 (j) A person determined by the hearing officer to be in
4-3 violation of an order may appeal the determination to a county
4-4 court at law by filing, not later than the 30th day after the date
4-5 the hearing officer's decision is filed, a petition with the court
4-6 along with payment of the costs required by law for the court.
4-7 (k) After filing a petition for appeal, the court shall
4-8 schedule a hearing and notify all parties of the date, time, and
4-9 place of the hearing.
4-10 (l) Service of notice of appeal under this section does not
4-11 stay the enforcement and collection of the decision of the hearing
4-12 officer unless the person who files the appeal posts a bond with an
4-13 agency designated by the county to accept payment for violations.
4-14 SECTION 2. The change in law made by this Act applies only
4-15 to an offense committed on or after the effective date of this Act.
4-16 For purposes of this section, an offense is committed before the
4-17 effective date of this Act if any element of the offense occurs
4-18 before that date.
4-19 SECTION 3. This Act takes effect September 1, 1995.
4-20 SECTION 4. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended.