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.