By: Armbrister S.B. No. 1487
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of the Texas Department of Transportation
1-2 and the Texas Turnpike Authority division of the Texas Department
1-3 of Transportation to implement an automated enforcement system on
1-4 toll roads; providing criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 224.156, Transportation Code, is amended
1-7 to read as follows:
1-8 Sec. 224.156. OFFENSES AND ADMINISTRATIVE FEE; NOTICE.
1-9 (a) A person commits an offense if the person operates a vehicle
1-10 on a state highway facility without paying the proper toll. An
1-11 offense under this section is a misdemeanor punishable by a fine
1-12 not to exceed $250.
1-13 (b) In the event of nonpayment of the proper toll, on
1-14 issuance of proper notice of nonpayment, the registered owner of
1-15 the nonpaying vehicle is legally bound to pay both the proper toll
1-16 and an administrative fee.
1-17 (c) [(b)] The commission by rule and a transportation
1-18 corporation by order of its board of directors may respectively fix
1-19 an administrative fee, not to exceed $100, to recover the cost of
1-20 collecting an unpaid toll. The notice of nonpayment to the
1-21 registered owner shall be sent by the department by first-class
1-22 mail not later than 30 days after the date of the alleged failure
1-23 to pay and may require payment not sooner than 30 days after the
1-24 date the notice was mailed. The registered owner shall pay a
2-1 separate toll and administrative fee for each event of nonpayment.
2-2 (d) [(c)] If the registered owner of the vehicle fails to
2-3 pay the proper toll and administrative fee within the time
2-4 specified by the notice of nonpayment issued under this section,
2-5 the registered owner shall be cited as for other traffic violations
2-6 for the nonpayment, and the owner is legally bound to pay a fine[,
2-7 not to exceed $250,] for each event of nonpayment. Neither the
2-8 legal obligation to pay nor the actual payment of the fine affects
2-9 the legal duty of the owner for any other fine or penalty
2-10 prescribed by law.
2-11 SECTION 2. Section 224.157, Transportation Code, is amended
2-12 by amending Subsections (a), (c), and (d) and adding Subsection (e)
2-13 to read as follows:
2-14 (a) In the prosecution of a violation under Section
2-15 [Sections 224.155 and] 224.156, proof that a [the] vehicle passed
2-16 through a toll collection facility without payment of the proper
2-17 toll, including but not limited to proof by video, photographic, or
2-18 electronic recording, together with proof that the defendant was
2-19 the registered owner of the vehicle when the offense [failure to
2-20 pay] occurred, establishes the commission of the offense by
2-21 [nonpayment of] the registered owner.
2-22 (c) It is a defense to prosecution of a violation
2-23 [nonpayment] under Section [224.155 or] 224.156 that the motor
2-24 vehicle in question was stolen before the offense [failure to pay
2-25 the proper toll] occurred and was not recovered by the time of the
2-26 offense [failure to pay], but only if the theft was reported to the
3-1 appropriate law enforcement authority before the earlier of:
3-2 (1) the occurrence of the offense [failure to pay]; or
3-3 (2) eight hours after discovery of the theft.
3-4 (d) A registered owner who is a lessor of a vehicle involved
3-5 in an offense under Section 224.156, or concerning which a notice
3-6 of nonpayment was issued under that section, [Section 224.156] is
3-7 not liable in connection with that offense or notice of nonpayment
3-8 if, not later than 30 days after the date the notice of nonpayment
3-9 is mailed, the registered owner provides to the court, or to the
3-10 department or the transportation corporation, a copy of the rental,
3-11 lease, or other contract document covering the vehicle on the date
3-12 of the offense [nonpayment], with the name and address of the
3-13 lessee clearly legible. Failure to provide this information within
3-14 the period prescribed renders the lessor liable as the registered
3-15 owner. If the lessor provides the required information within the
3-16 period prescribed, the lessee of the vehicle on the date of the
3-17 violation is considered to be the owner of the vehicle for purposes
3-18 of this subchapter and is subject to prosecution [for failure to
3-19 pay the proper toll] as if the lessee were the registered owner.
3-20 The[, if the] department or the transportation corporation must
3-21 send [sends] a notice of nonpayment of the proper toll to the
3-22 lessee by first-class mail within 30 days after the date of receipt
3-23 of the required information from the lessor.
3-24 (e) It is a defense to prosecution of a violation under
3-25 Section 224.156 that the motor vehicle in question was a used
3-26 vehicle transferred before the offense occurred, provided that
4-1 written notice of transfer was submitted to the department in
4-2 accordance with Section 520.023. If the transferor provides the
4-3 required information within the period prescribed, the transferee
4-4 of the vehicle is considered to be the owner of the vehicle for
4-5 purposes of this subchapter and is subject to prosecution as if the
4-6 transferee were the registered owner.
4-7 SECTION 3. Subsection (b), Section 224.158, Transportation
4-8 Code, is amended to read as follows:
4-9 (b) Any law enforcement officer [of the Department of Public
4-10 Safety] has the authority to seize a stolen or insufficiently
4-11 funded transponder and to return it to the department or the
4-12 transportation corporation, except that an insufficiently funded
4-13 transponder may not be seized sooner than 30 days after the date
4-14 the department or the transportation corporation has sent a notice
4-15 of delinquency to the holder of the account.
4-16 SECTION 4. Subchapter F, Chapter 224, Transportation Code,
4-17 is amended by adding Section 224.160 to read as follows:
4-18 Sec. 224.160. AUTOMATED ENFORCEMENT TECHNOLOGY. The
4-19 commission may use such technology, including but not limited to
4-20 automatic vehicle license tag identification photography and video
4-21 surveillance, either by electronic imaging or photographic copy, as
4-22 it deems necessary to aid in the collection of tolls and the
4-23 enforcement of toll violations, including tolls on temporary toll
4-24 projects authorized by Section 222.102.
4-25 SECTION 5. Section 361.253, Transportation Code, is amended
4-26 to read as follows:
5-1 Sec. 361.253. OFFENSES AND ADMINISTRATIVE FEE; NOTICE.
5-2 (a) A person commits an offense if the person operates a vehicle
5-3 on a turnpike project without paying the proper toll. An offense
5-4 under this section is a misdemeanor punishable by a fine not to
5-5 exceed $250.
5-6 (b) In the event of nonpayment of the proper toll, on
5-7 issuance of proper notice of nonpayment, the registered owner of
5-8 the nonpaying vehicle is legally bound to pay both the proper toll
5-9 and an administrative fee.
5-10 (c) [(b)] The authority may fix, revise, charge, and collect
5-11 the administrative fee, so as to recover the cost of collecting the
5-12 unpaid toll, not to exceed $100. The notice of nonpayment to the
5-13 registered owner shall be sent by first class mail not later than
5-14 30 days after the date of the alleged failure to pay and may
5-15 require payment not sooner than 30 days from the date the notice
5-16 was mailed. The registered owner shall pay a separate toll and
5-17 administrative fee for each event of nonpayment.
5-18 (d) [(c)] If the registered owner of the vehicle fails to
5-19 pay the proper toll and administrative fee within the time
5-20 specified by the notice of nonpayment issued under this section,
5-21 the registered owner shall be cited as for other traffic violations
5-22 for the nonpayment, and the owner is legally bound to pay a fine[,
5-23 not to exceed $250,] for each event of nonpayment. Neither the
5-24 legal obligation to pay nor the actual payment of the fine shall
5-25 affect the legal duty of the owner for any other fine or penalty
5-26 prescribed by law.
6-1 SECTION 6. Section 361.254, Transportation Code, is amended
6-2 by amending Subsections (a), (c), and (d) and adding Subsection (e)
6-3 to read as follows:
6-4 (a) In the prosecution of a violation under Section [361.252
6-5 or] 361.253, proof that a [the] vehicle passed through a toll
6-6 collection facility without payment of the proper toll, including
6-7 but not limited to proof by video, photographic, or electronic
6-8 recording, together with proof that the defendant was the
6-9 registered owner of the vehicle when the offense [failure to pay]
6-10 occurred, establishes the commission of the offense by [nonpayment
6-11 of] the registered owner.
6-12 (c) It is a defense to prosecution of a violation
6-13 [nonpayment] under Section [361.252 or] 361.253 that the motor
6-14 vehicle in question was stolen before the offense [failure to pay
6-15 the proper toll] occurred and was not recovered by the time of the
6-16 offense [failure to pay], but only if the theft was reported to the
6-17 appropriate law enforcement authority before the earlier of:
6-18 (1) the occurrence of the offense [failure to pay]; or
6-19 (2) eight hours after the discovery of the theft.
6-20 (d) A registered owner who is a lessor of a vehicle involved
6-21 in an offense under Section 361.253, or concerning which a notice
6-22 of nonpayment was issued under that section, [Section 361.253] is
6-23 not liable in connection with that offense or notice of nonpayment
6-24 if, not later than 30 days after the date the notice of nonpayment
6-25 is mailed, the registered owner provides to the court or the
6-26 authority a copy of the rental, lease, or other contract document
7-1 covering the vehicle on the date of the offense [nonpayment], with
7-2 the name and address of the lessee clearly legible. Failure to
7-3 provide this information within the period prescribed renders the
7-4 lessor liable as the registered owner. If the lessor provides the
7-5 required information within the period prescribed, the lessee of
7-6 the vehicle on the date of the violation is considered to be the
7-7 owner of the vehicle for purposes of this section and is subject to
7-8 prosecution [for failure to pay the proper toll] as if the lessee
7-9 were the registered owner. The[, if the] authority must send
7-10 [sends] a notice of nonpayment of the proper toll to the lessee by
7-11 first class mail within 30 days after the date of receipt of the
7-12 required information from the lessor.
7-13 (e) It is a defense to prosecution of a violation under
7-14 Section 361.253 that the motor vehicle in question was a used
7-15 vehicle transferred before the offense occurred, provided that
7-16 written notice of transfer was submitted to the department in
7-17 accordance with Section 520.023. If the transferor provides the
7-18 required information within the period prescribed, the transferee
7-19 of the vehicle is considered to be the owner of the vehicle for
7-20 purposes of this section and is subject to prosecution as if the
7-21 transferee were the registered owner.
7-22 SECTION 7. Subchapter G, Chapter 361, Transportation Code,
7-23 is amended by adding Section 361.2545 to read as follows:
7-24 Sec. 361.2545. AUTOMATED ENFORCEMENT TECHNOLOGY. The
7-25 authority may use such technology, including but not limited to
7-26 automatic vehicle license tag identification photography and video
8-1 surveillance, either by electronic imaging or photographic copy, as
8-2 it deems necessary to aid in the collection of tolls and the
8-3 enforcement of toll violations.
8-4 SECTION 8. (a) The changes in law made by this Act apply
8-5 only to an offense committed on or after the effective date of this
8-6 Act. For the purposes of this Act, an offense is committed before
8-7 the effective date of this Act if any element of the offense occurs
8-8 before that date.
8-9 (b) An offense committed before the effective date of this
8-10 Act is covered by the law in effect when the offense was committed,
8-11 and the former law is continued in effect for this purpose.
8-12 SECTION 9. The importance of this legislation and the
8-13 crowded condition of the calendars in both houses create an
8-14 emergency and an imperative public necessity that the
8-15 constitutional rule requiring bills to be read on three several
8-16 days in each house be suspended, and this rule is hereby suspended,
8-17 and that this Act take effect and be in force from and after its
8-18 passage, and it is so enacted.