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