1-1 By: Armbrister S.B. No. 1487
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 7, 1999, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; April 7, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the authority of the Texas Department of Transportation
1-9 and the Texas Turnpike Authority division of the Texas Department
1-10 of Transportation to implement an automated enforcement system on
1-11 toll roads; providing criminal penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 224.156, Transportation Code, is amended
1-14 to read as follows:
1-15 Sec. 224.156. OFFENSES AND ADMINISTRATIVE FEE; NOTICE.
1-16 (a) A person commits an offense if the person operates a vehicle
1-17 on a state highway facility without paying the proper toll. An
1-18 offense under this section is a misdemeanor punishable by a fine
1-19 not to exceed $250.
1-20 (b) In the event of nonpayment of the proper toll, on
1-21 issuance of proper notice of nonpayment, the registered owner of
1-22 the nonpaying vehicle is legally bound to pay both the proper toll
1-23 and an administrative fee.
1-24 (c) [(b)] The commission by rule and a transportation
1-25 corporation by order of its board of directors may respectively fix
1-26 an administrative fee, not to exceed $100, to recover the cost of
1-27 collecting an unpaid toll. The notice of nonpayment to the
1-28 registered owner shall be sent by the department by first-class
1-29 mail not later than 30 days after the date of the alleged failure
1-30 to pay and may require payment not sooner than 30 days after the
1-31 date the notice was mailed. The registered owner shall pay a
1-32 separate toll and administrative fee for each event of nonpayment.
1-33 (d) [(c)] If the registered owner of the vehicle fails to
1-34 pay the proper toll and administrative fee within the time
1-35 specified by the notice of nonpayment issued under this section,
1-36 the registered owner shall be cited as for other traffic violations
1-37 for the nonpayment, and the owner is legally bound to pay a fine[,
1-38 not to exceed $250,] for each event of nonpayment. Neither the
1-39 legal obligation to pay nor the actual payment of the fine affects
1-40 the legal duty of the owner for any other fine or penalty
1-41 prescribed by law.
1-42 SECTION 2. Section 224.157, Transportation Code, is amended
1-43 by amending Subsections (a), (c), and (d) and adding Subsection (e)
1-44 to read as follows:
1-45 (a) In the prosecution of a violation under Section
1-46 [Sections 224.155 and] 224.156, proof that a [the] vehicle passed
1-47 through a toll collection facility without payment of the proper
1-48 toll, including but not limited to proof by video, photographic, or
1-49 electronic recording, together with proof that the defendant was
1-50 the registered owner of the vehicle when the offense [failure to
1-51 pay] occurred, establishes the commission of the offense by
1-52 [nonpayment of] the registered owner.
1-53 (c) It is a defense to prosecution of a violation
1-54 [nonpayment] under Section [224.155 or] 224.156 that the motor
1-55 vehicle in question was stolen before the offense [failure to pay
1-56 the proper toll] occurred and was not recovered by the time of the
1-57 offense [failure to pay], but only if the theft was reported to the
1-58 appropriate law enforcement authority before the earlier of:
1-59 (1) the occurrence of the offense [failure to pay]; or
1-60 (2) eight hours after discovery of the theft.
1-61 (d) A registered owner who is a lessor of a vehicle involved
1-62 in an offense under Section 224.156, or concerning which a notice
1-63 of nonpayment was issued under that section, [Section 224.156] is
1-64 not liable in connection with that offense or notice of nonpayment
2-1 if, not later than 30 days after the date the notice of nonpayment
2-2 is mailed, the registered owner provides to the court, or to the
2-3 department or the transportation corporation, a copy of the rental,
2-4 lease, or other contract document covering the vehicle on the date
2-5 of the offense [nonpayment], with the name and address of the
2-6 lessee clearly legible. Failure to provide this information within
2-7 the period prescribed renders the lessor liable as the registered
2-8 owner. If the lessor provides the required information within the
2-9 period prescribed, the lessee of the vehicle on the date of the
2-10 violation is considered to be the owner of the vehicle for purposes
2-11 of this subchapter and is subject to prosecution [for failure to
2-12 pay the proper toll] as if the lessee were the registered owner.
2-13 The[, if the] department or the transportation corporation must
2-14 send [sends] a notice of nonpayment of the proper toll to the
2-15 lessee by first-class mail within 30 days after the date of receipt
2-16 of the required information from the lessor.
2-17 (e) It is a defense to prosecution of a violation under
2-18 Section 224.156 that the motor vehicle in question was a used
2-19 vehicle transferred before the offense occurred, provided that
2-20 written notice of transfer was submitted to the department in
2-21 accordance with Section 520.023. If the transferor provides the
2-22 required information within the period prescribed, the transferee
2-23 of the vehicle is considered to be the owner of the vehicle for
2-24 purposes of this subchapter and is subject to prosecution as if the
2-25 transferee were the registered owner.
2-26 SECTION 3. Subsection (b), Section 224.158, Transportation
2-27 Code, is amended to read as follows:
2-28 (b) Any law enforcement officer [of the Department of Public
2-29 Safety] has the authority to seize a stolen or insufficiently
2-30 funded transponder and to return it to the department or the
2-31 transportation corporation, except that an insufficiently funded
2-32 transponder may not be seized sooner than 30 days after the date
2-33 the department or the transportation corporation has sent a notice
2-34 of delinquency to the holder of the account.
2-35 SECTION 4. Subchapter F, Chapter 224, Transportation Code,
2-36 is amended by adding Section 224.160 to read as follows:
2-37 Sec. 224.160. AUTOMATED ENFORCEMENT TECHNOLOGY. The
2-38 commission may use such technology, including but not limited to
2-39 automatic vehicle license tag identification photography and video
2-40 surveillance, either by electronic imaging or photographic copy, as
2-41 it deems necessary to aid in the collection of tolls and the
2-42 enforcement of toll violations, including tolls on temporary toll
2-43 projects authorized by Section 222.102.
2-44 SECTION 5. Section 361.253, Transportation Code, is amended
2-45 to read as follows:
2-46 Sec. 361.253. OFFENSES AND ADMINISTRATIVE FEE; NOTICE.
2-47 (a) A person commits an offense if the person operates a vehicle
2-48 on a turnpike project without paying the proper toll. An offense
2-49 under this section is a misdemeanor punishable by a fine not to
2-50 exceed $250.
2-51 (b) In the event of nonpayment of the proper toll, on
2-52 issuance of proper notice of nonpayment, the registered owner of
2-53 the nonpaying vehicle is legally bound to pay both the proper toll
2-54 and an administrative fee.
2-55 (c) [(b)] The authority may fix, revise, charge, and collect
2-56 the administrative fee, so as to recover the cost of collecting the
2-57 unpaid toll, not to exceed $100. The notice of nonpayment to the
2-58 registered owner shall be sent by first class mail not later than
2-59 30 days after the date of the alleged failure to pay and may
2-60 require payment not sooner than 30 days from the date the notice
2-61 was mailed. The registered owner shall pay a separate toll and
2-62 administrative fee for each event of nonpayment.
2-63 (d) [(c)] If the registered owner of the vehicle fails to
2-64 pay the proper toll and administrative fee within the time
2-65 specified by the notice of nonpayment issued under this section,
2-66 the registered owner shall be cited as for other traffic violations
2-67 for the nonpayment, and the owner is legally bound to pay a fine[,
2-68 not to exceed $250,] for each event of nonpayment. Neither the
2-69 legal obligation to pay nor the actual payment of the fine shall
3-1 affect the legal duty of the owner for any other fine or penalty
3-2 prescribed by law.
3-3 SECTION 6. Section 361.254, Transportation Code, is amended
3-4 by amending Subsections (a), (c), and (d) and adding Subsection (e)
3-5 to read as follows:
3-6 (a) In the prosecution of a violation under Section [361.252
3-7 or] 361.253, proof that a [the] vehicle passed through a toll
3-8 collection facility without payment of the proper toll, including
3-9 but not limited to proof by video, photographic, or electronic
3-10 recording, together with proof that the defendant was the
3-11 registered owner of the vehicle when the offense [failure to pay]
3-12 occurred, establishes the commission of the offense by [nonpayment
3-13 of] the registered owner.
3-14 (c) It is a defense to prosecution of a violation
3-15 [nonpayment] under Section [361.252 or] 361.253 that the motor
3-16 vehicle in question was stolen before the offense [failure to pay
3-17 the proper toll] occurred and was not recovered by the time of the
3-18 offense [failure to pay], but only if the theft was reported to the
3-19 appropriate law enforcement authority before the earlier of:
3-20 (1) the occurrence of the offense [failure to pay]; or
3-21 (2) eight hours after the discovery of the theft.
3-22 (d) A registered owner who is a lessor of a vehicle involved
3-23 in an offense under Section 361.253, or concerning which a notice
3-24 of nonpayment was issued under that section, [Section 361.253] is
3-25 not liable in connection with that offense or notice of nonpayment
3-26 if, not later than 30 days after the date the notice of nonpayment
3-27 is mailed, the registered owner provides to the court or the
3-28 authority a copy of the rental, lease, or other contract document
3-29 covering the vehicle on the date of the offense [nonpayment], with
3-30 the name and address of the lessee clearly legible. Failure to
3-31 provide this information within the period prescribed renders the
3-32 lessor liable as the registered owner. If the lessor provides the
3-33 required information within the period prescribed, the lessee of
3-34 the vehicle on the date of the violation is considered to be the
3-35 owner of the vehicle for purposes of this section and is subject to
3-36 prosecution [for failure to pay the proper toll] as if the lessee
3-37 were the registered owner. The[, if the] authority must send
3-38 [sends] a notice of nonpayment of the proper toll to the lessee by
3-39 first class mail within 30 days after the date of receipt of the
3-40 required information from the lessor.
3-41 (e) It is a defense to prosecution of a violation under
3-42 Section 361.253 that the motor vehicle in question was a used
3-43 vehicle transferred before the offense occurred, provided that
3-44 written notice of transfer was submitted to the department in
3-45 accordance with Section 520.023. If the transferor provides the
3-46 required information within the period prescribed, the transferee
3-47 of the vehicle is considered to be the owner of the vehicle for
3-48 purposes of this section and is subject to prosecution as if the
3-49 transferee were the registered owner.
3-50 SECTION 7. Subchapter G, Chapter 361, Transportation Code,
3-51 is amended by adding Section 361.2545 to read as follows:
3-52 Sec. 361.2545. AUTOMATED ENFORCEMENT TECHNOLOGY. The
3-53 authority may use such technology, including but not limited to
3-54 automatic vehicle license tag identification photography and video
3-55 surveillance, either by electronic imaging or photographic copy, as
3-56 it deems necessary to aid in the collection of tolls and the
3-57 enforcement of toll violations.
3-58 SECTION 8. (a) The changes in law made by this Act apply
3-59 only to an offense committed on or after the effective date of this
3-60 Act. For the purposes of this Act, an offense is committed before
3-61 the effective date of this Act if any element of the offense occurs
3-62 before that date.
3-63 (b) An offense committed before the effective date of this
3-64 Act is covered by the law in effect when the offense was committed,
3-65 and the former law is continued in effect for this purpose.
3-66 SECTION 9. The importance of this legislation and the
3-67 crowded condition of the calendars in both houses create an
3-68 emergency and an imperative public necessity that the
3-69 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended,
4-2 and that this Act take effect and be in force from and after its
4-3 passage, and it is so enacted.
4-4 * * * * *