1-1 By: Hamric (Senate Sponsor - Brown) H.B. No. 3143
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 18, 1995, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 19, 1995, reported favorably by
1-5 the following vote: Yeas 8, Nays 0; May 19, 1995, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the unauthorized use by a motor vehicle of toll roads
1-10 in certain counties; providing criminal and administrative
1-11 penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 304, Acts of the 50th Legislature,
1-14 Regular Session, 1947 (Article 6795b-1, Vernon's Texas Civil
1-15 Statutes), is amended by adding Sections 8e and 8f to read as
1-16 follows:
1-17 Sec. 8e. (a) The commissioners court of a county with a
1-18 population of more than 2.2 million may adopt an order prohibiting
1-19 the operation of a motor vehicle on a county project described by
1-20 Section 1 of this Act if:
1-21 (1) an operator of the vehicle has failed to pay a
1-22 required toll or charge; and
1-23 (2) the county provides the registered owner of the
1-24 vehicle with notice of the unpaid toll or charge.
1-25 (b) The notice required by Subsection (a)(2) of this section
1-26 must be mailed to the registered owner of the vehicle at least 10
1-27 days before the date that the prohibition takes effect.
1-28 (c) A person commits an offense if the person operates a
1-29 motor vehicle or causes or allows the operation of a motor vehicle
1-30 in violation of an order adopted under Subsection (a) of this
1-31 section. An offense under this subsection is a Class C
1-32 misdemeanor.
1-33 Sec. 8f. (a) A commissioners court of a county with a
1-34 population of more than 2.2 million may adopt an administrative
1-35 adjudication hearing procedure for a person who is suspected of
1-36 having violated an order adopted under Section 8e(a) of this Act on
1-37 at least two separate occasions within a 12-month period in
1-38 connection with a toll to be paid by electronic means.
1-39 (b) A hearing procedure adopted under Subsection (a) of this
1-40 section must provide:
1-41 (1) a period for persons charged with violating the
1-42 order:
1-43 (A) to pay the tolls or charges plus
1-44 administrative costs; or
1-45 (B) to request a hearing; and
1-46 (2) for appointment of hearing officers who have
1-47 authority to administer oaths and to issue orders compelling the
1-48 attendance of witnesses and the production of documents.
1-49 (c) An order made by a hearing officer under Subsection
1-50 (b)(2) of this section may be enforced by a justice of the peace.
1-51 (d) In a hearing held under this section, it is presumed
1-52 that the registered owner of the motor vehicle that is the subject
1-53 of the hearing is the person who operated or allowed another person
1-54 to operate the motor vehicle in violation of the order and that a
1-55 Texas Department of Transportation computer-generated record of the
1-56 registered vehicle owner is prima facie evidence of its contents.
1-57 (e) The citation or summons must inform the recipient of the
1-58 time and place of the hearing. The failure of any person charged
1-59 with an offense to appear at the hearing is considered an admission
1-60 of liability for the violation. The citation or summons must
1-61 notify the person charged with a violation that the person has the
1-62 right of a hearing without delay. The peace officer or toll road
1-63 agent alleging the violation is not required to attend the hearing.
1-64 The original or any copy of the summons or citation is a record
1-65 kept in the ordinary course of business of the county and is
1-66 rebuttable proof of the facts it contains.
1-67 (f) The hearing officer shall issue a decision stating
1-68 whether or not the person charged is liable for a violation of the
2-1 order and the amount of any fine, including any costs to be
2-2 assessed against the person. A decision issued under this
2-3 subsection shall be filed with the county clerk.
2-4 (g) A decision issued under Subsection (f) of this section
2-5 may be enforced by:
2-6 (1) placing a device that prohibits movement of a
2-7 motor vehicle on the vehicle that is the subject of the order
2-8 filed;
2-9 (2) an additional fine if the fine for the offense is
2-10 not paid within a specified time; or
2-11 (3) refusing to allow the registration of the vehicle.
2-12 (h) A decision of a hearing officer filed under Subsection
2-13 (f) of this section must be kept in a separate index and file. The
2-14 decisions may be recorded using computer printouts, microfilm,
2-15 microfiche, or other similar data processing techniques.
2-16 (i) The hearing procedure adopted under Subsection (a) of
2-17 this section must provide for the amount and disposition of civil
2-18 fines, costs, and fees.
2-19 (j) A person determined by the hearing officer to be in
2-20 violation of an order may appeal the determination to a county
2-21 court at law by filing, not later than the 30th day after the date
2-22 the hearing officer's decision is filed, a petition with the court
2-23 along with payment of the costs required by law for the court.
2-24 (k) After filing a petition for appeal, the court shall
2-25 schedule a hearing and notify all parties of the date, time, and
2-26 place of the hearing.
2-27 (l) Service of notice of appeal under this section does not
2-28 stay the enforcement and collection of the decision of the hearing
2-29 officer unless the person who files the appeal posts a bond with an
2-30 agency designated by the county to accept payment for violations.
2-31 SECTION 2. The change in law made by this Act applies only
2-32 to an offense committed on or after the effective date of this Act.
2-33 For purposes of this section, an offense is committed before the
2-34 effective date of this Act if any element of the offense occurs
2-35 before that date.
2-36 SECTION 3. This Act takes effect September 1, 1995.
2-37 SECTION 4. The importance of this legislation and the
2-38 crowded condition of the calendars in both houses create an
2-39 emergency and an imperative public necessity that the
2-40 constitutional rule requiring bills to be read on three several
2-41 days in each house be suspended, and this rule is hereby suspended.
2-42 * * * * *