By Alexander H.B. No. 1661
77R4994 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection and enforcement of tolls on certain toll
1-3 roads and toll projects; providing for civil and criminal
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 224.155, Transportation Code, is amended
1-7 to read as follows:
1-8 Sec. 224.155. FAILURE OR REFUSAL TO PAY TOLL; OFFENSE
1-9 [CHARGES]. (a) The operator of a [Any motor] vehicle other than an
1-10 authorized [a police or] emergency vehicle that is driven or towed
1-11 through a toll collection facility shall pay the proper toll.
1-12 (b) The operator of a vehicle who drives or tows a vehicle
1-13 through a toll collection facility and does not pay the proper toll
1-14 commits an offense.
1-15 (c) An offense under this section is a misdemeanor
1-16 punishable by a fine not to exceed $250.
1-17 (d) In this section, "authorized emergency vehicle" has the
1-18 meaning assigned by Section 541.201.
1-19 SECTION 2. Section 224.156, Transportation Code, is amended
1-20 to read as follows:
1-21 Sec. 224.156. ADMINISTRATIVE FEE; NOTICE; OFFENSE. (a) In
1-22 the event of nonpayment of the proper toll as required by Section
1-23 224.155, on issuance of a written [proper] notice of nonpayment,
1-24 the registered owner of the nonpaying vehicle is liable for the
2-1 payment of [legally bound to pay] both the proper toll and an
2-2 administrative fee.
2-3 (b) The commission by rule and a transportation corporation
2-4 by order of its board of directors may respectively impose and
2-5 collect [fix] an administrative fee, not to exceed $100, to recover
2-6 the cost of collecting an unpaid toll. The department shall send a
2-7 written notice of nonpayment to the registered owner of the vehicle
2-8 at that owner's address as shown in the vehicle registration
2-9 records of the department [shall be sent by the department] by
2-10 first-class mail not later than the 30th day [30 days] after the
2-11 date of the alleged failure to pay and may require payment not
2-12 sooner than the 30th day [30 days] after the date the notice was
2-13 mailed. The registered owner shall pay a separate toll and
2-14 administrative fee for each event of nonpayment under Section
2-15 224.155.
2-16 (c) The [If the] registered owner of a [the] vehicle for
2-17 which the proper toll was not paid who is mailed a written notice
2-18 of nonpayment under Subsection (b) and fails to pay the proper toll
2-19 and administrative fee within the time specified by the notice of
2-20 nonpayment commits an offense. Each failure to pay a toll or
2-21 administrative fee under this subsection is a separate offense
2-22 [issued under this section, the registered owner shall be cited as
2-23 for other traffic violations for the nonpayment, and the owner is
2-24 legally bound to pay a fine, not to exceed $250, for each event of
2-25 nonpayment]. [Neither the legal obligation to pay nor the actual
2-26 payment of the fine affects the legal duty of the owner for any
2-27 other fine or penalty prescribed by law.]
3-1 (d) It is an exception to the application of Subsection (a)
3-2 or (c) if the registered owner of the vehicle is a lessor of the
3-3 vehicle and, not later than the 30th day after the date the notice
3-4 of nonpayment is mailed, provides to the department or the
3-5 transportation corporation a copy of the rental, lease, or other
3-6 contract document covering the vehicle on the date of the
3-7 nonpayment under Section 224.155, with the name and address of the
3-8 lessee clearly legible. If the lessor provides the required
3-9 information within the period prescribed, the department or the
3-10 transportation corporation may send a notice of nonpayment to the
3-11 lessee at the address shown on the contract document by first-class
3-12 mail before the 30th day after the date of receipt of the required
3-13 information from the lessor. The lessee of the vehicle for which
3-14 the proper toll was not paid who is mailed a written notice of
3-15 nonpayment under this subsection and fails to pay the proper toll
3-16 and administrative fee within the time specified by the notice of
3-17 nonpayment commits an offense. The lessee shall pay a separate
3-18 toll and administrative fee for each event of nonpayment under
3-19 Section 224.155. Each failure to pay a toll or administrative fee
3-20 under this subsection is a separate offense.
3-21 (e) It is an exception to the application of Subsection (a)
3-22 or (c) if the registered owner of the vehicle transferred ownership
3-23 of the vehicle to another person before the event of nonpayment
3-24 under Section 224.155 occurred, submitted written notice of the
3-25 transfer to the department in accordance with Section 520.023, and,
3-26 before the 30th day after the date the notice of nonpayment is
3-27 mailed, provides to the department or the transportation
4-1 corporation the name and address of the person to whom the vehicle
4-2 was transferred. If the former owner of the vehicle provides the
4-3 required information within the period prescribed, the department
4-4 or the transportation corporation may send a notice of nonpayment
4-5 to the person to whom ownership of the vehicle was transferred at
4-6 the address provided the former owner by first-class mail before
4-7 the 30th day after the date of receipt of the required information
4-8 from the former owner. The subsequent owner of the vehicle for
4-9 which the proper toll was not paid who is mailed a written notice
4-10 of nonpayment under this subsection and fails to pay the proper
4-11 toll and administrative fee within the time specified by the notice
4-12 of nonpayment commits an offense. The subsequent owner of the
4-13 vehicle shall pay a separate toll and administrative fee for each
4-14 event of nonpayment under Section 224.155. Each failure to pay a
4-15 toll or administrative fee under this subsection is a separate
4-16 offense.
4-17 (f) An offense under this section is a misdemeanor
4-18 punishable by a fine not to exceed $250.
4-19 (g) The court in which a person is convicted of an offense
4-20 under this section shall also collect the proper toll and
4-21 administrative fee and forward the toll and fee to the department
4-22 or to the transportation corporation.
4-23 (h) In this section, "registered owner" means the owner of a
4-24 vehicle as shown on the vehicle registration records of the
4-25 department or the analogous department or agency of another state
4-26 or country.
4-27 SECTION 3. Section 224.157, Transportation Code, is amended
5-1 to read as follows:
5-2 Sec. 224.157. PRESUMPTIONS; PRIMA FACIE EVIDENCE; DEFENSES
5-3 [PROSECUTIONS]. (a) In the prosecution of an offense [a violation]
5-4 under Section 224.155 or 224.156, proof that the vehicle was driven
5-5 or towed through the toll collection facility without payment of
5-6 the proper toll may be shown by a video recording, photograph,
5-7 electronic recording, or other appropriate evidence, including
5-8 evidence obtained by automated enforcement technology.
5-9 (b) In the prosecution of an offense under Section
5-10 224.156(c), (d), or (e):
5-11 (1) it is presumed that the notice of nonpayment was
5-12 received on the fifth day after the date of mailing;
5-13 (2) a computer record of the department of the
5-14 registered owner of the vehicle is prima facie evidence of its
5-15 contents and that the defendant was the registered owner of the
5-16 vehicle when the underlying event of nonpayment under Section
5-17 224.155 occurred; and
5-18 (3) a copy of the rental, lease, or other contract
5-19 document covering the vehicle on the date of the underlying event
5-20 of nonpayment under Section 224.155 is prima facie evidence of its
5-21 contents and that the defendant was the lessee of the vehicle when
5-22 the underlying event of nonpayment under Section 224.155 occurred
5-23 [Sections 224.155 and 224.156, proof that the vehicle passed
5-24 through a toll collection facility without payment of the proper
5-25 toll, together with proof that the defendant was the registered
5-26 owner of the vehicle when the failure to pay occurred, establishes
5-27 the nonpayment of the registered owner].
6-1 [(b) The court of the local jurisdiction in which the
6-2 violation occurred may assess and collect the fine in addition to
6-3 any court costs. The court shall also collect the proper toll and
6-4 administrative fee and forward the toll and fee to the department
6-5 or to the transportation corporation.]
6-6 (c) It is a defense to prosecution [nonpayment] under
6-7 Section 224.156(c), (d), or (e) [224.155 or 224.156] that the
6-8 [motor] vehicle in question was stolen before the date that the
6-9 failure to pay the proper toll occurred and had [was] not been
6-10 recovered before [by the time of] the failure to pay occurred, but
6-11 only if the theft was reported to the appropriate law enforcement
6-12 authority before the earlier of:
6-13 (1) the occurrence of the failure to pay; or
6-14 (2) eight hours after discovery of the theft.
6-15 [(d) A registered owner who is a lessor of a vehicle
6-16 concerning which a notice of nonpayment was issued under Section
6-17 224.156 is not liable in connection with that notice of nonpayment
6-18 if, not later than 30 days after the date the notice of nonpayment
6-19 is mailed, the registered owner provides to the department or the
6-20 transportation corporation a copy of the rental, lease, or other
6-21 contract document covering the vehicle on the date of the
6-22 nonpayment, with the name and address of the lessee clearly
6-23 legible. Failure to provide this information within the period
6-24 prescribed renders the lessor liable as the registered owner. If
6-25 the lessor provides the required information within the period
6-26 prescribed, the lessee of the vehicle on the date of the violation
6-27 is considered to be the owner of the vehicle for purposes of this
7-1 subchapter and is subject to prosecution for failure to pay the
7-2 proper toll as if the lessee were the registered owner, if the
7-3 department or the transportation corporation sends a notice of
7-4 nonpayment to the lessee by first-class mail within 30 days after
7-5 the date of receipt of the required information from the lessor.]
7-6 SECTION 4. Section 224.158(b), Transportation Code, is
7-7 amended to read as follows:
7-8 (b) Any peace [law enforcement] officer of this state may
7-9 [the Department of Public Safety has the authority to] seize a
7-10 stolen or insufficiently funded transponder and [to] return it to
7-11 the department or the transportation corporation, except that an
7-12 insufficiently funded transponder may not be seized sooner than 30
7-13 days after the date the department or the transportation
7-14 corporation has sent a notice of delinquency to the holder of the
7-15 account.
7-16 SECTION 5. Subchapter F, Chapter 224, Transportation Code, is
7-17 amended by adding Section 224.160 to read as follows:
7-18 Sec. 224.160. AUTOMATED ENFORCEMENT TECHNOLOGY. (a) To aid
7-19 in the collection of tolls and in the enforcement of toll
7-20 violations, including tolls on temporary toll projects authorized
7-21 by Section 222.102, the commission may use automated enforcement
7-22 technology that it determines is necessary, including automatic
7-23 vehicle license plate identification photography and video
7-24 surveillance, by electronic imaging or photographic copying.
7-25 (b) Automated enforcement technology approved by the
7-26 commission under Subsection (a) may be used only for the purpose of
7-27 producing, depicting, photographing, or recording an image of a
8-1 license plate attached to the front or rear of a vehicle.
8-2 (c) This section does not authorize the use of automated
8-3 enforcement technology for any other purpose.
8-4 (d) Evidence obtained from technology approved by the
8-5 commission under Subsection (a) may not be used in the prosecution
8-6 of an offense other than under Section 224.155 or 224.156.
8-7 SECTION 6. Section 361.252, Transportation Code, is amended
8-8 to read as follows:
8-9 Sec. 361.252. FAILURE OR REFUSAL TO PAY TOLL; OFFENSE. (a)
8-10 The operator of a [Any motor] vehicle, other than an authorized
8-11 [that is not a police or] emergency vehicle, that is driven or
8-12 towed through a toll collection facility[,] shall pay the proper
8-13 toll.
8-14 (b) The operator of a vehicle who drives or tows a vehicle
8-15 through a toll collection facility and does not pay the proper toll
8-16 commits an offense.
8-17 (c) An offense under this section is a misdemeanor
8-18 punishable by a fine not to exceed $250.
8-19 (d) In this section, "authorized emergency vehicle" has the
8-20 meaning assigned by Section 541.201.
8-21 SECTION 7. Section 361.253, Transportation Code, is amended
8-22 to read as follows:
8-23 Sec. 361.253. ADMINISTRATIVE FEE; NOTICE; OFFENSE. (a) In
8-24 the event of nonpayment of the proper toll as required by Section
8-25 361.252, on issuance of a written [proper] notice of nonpayment,
8-26 the registered owner of the nonpaying vehicle is liable for the
8-27 payment of [legally bound to pay] both the proper toll and an
9-1 administrative fee.
9-2 (b) The authority may impose [fix, revise, charge,] and
9-3 collect the administrative fee, so as to recover the cost of
9-4 collecting the unpaid toll, not to exceed $100. The authority
9-5 shall send a written notice of nonpayment to the registered owner
9-6 of the vehicle at that owner's address as shown in the vehicle
9-7 registration records of the department [shall be sent] by first
9-8 class mail not later than the 30th day [30 days] after the date of
9-9 the alleged failure to pay and may require payment not sooner than
9-10 the 30th day [30 days from] the date the notice was mailed. The
9-11 registered owner shall pay a separate toll and administrative fee
9-12 for each event of nonpayment under Section 361.252.
9-13 (c) The [If the] registered owner of a [the] vehicle for
9-14 which the proper toll was not paid who is mailed a written notice
9-15 of nonpayment under Subsection (b) and fails to pay the proper toll
9-16 and administrative fee within the time specified by the notice of
9-17 nonpayment commits an offense. Each failure to pay a toll or
9-18 administrative fee under this subsection is a separate offense
9-19 [issued under this section, the registered owner shall be cited as
9-20 for other traffic violations for the nonpayment, and the owner is
9-21 legally bound to pay a fine, not to exceed $250, for each event of
9-22 nonpayment. Neither the legal obligation to pay nor the actual
9-23 payment of the fine shall affect the legal duty of the owner for
9-24 any other fine or penalty prescribed by law].
9-25 (d) It is an exception to the application of Subsection (a)
9-26 or (c) if the registered owner of the vehicle is a lessor of the
9-27 vehicle and not later than the 30th day after the date the notice
10-1 of nonpayment is mailed, provides to the authority a copy of the
10-2 rental, lease, or other contract document covering the vehicle on
10-3 the date of the nonpayment under Section 361.252, with the name and
10-4 address of the lessee clearly legible. If the lessor provides the
10-5 required information within the period prescribed, the authority
10-6 may send a notice of nonpayment to the lessee at the address shown
10-7 on the contract document by first class mail before the 30th day
10-8 after the date of receipt of the required information from the
10-9 lessor. The lessee of the vehicle for which the proper toll was
10-10 not paid who is mailed a written notice of nonpayment under this
10-11 subsection and fails to pay the proper toll and administrative fee
10-12 within the time specified by the notice of nonpayment commits an
10-13 offense. The lessee shall pay a separate toll and administrative
10-14 fee for each event of nonpayment. Each failure to pay a toll or
10-15 administrative fee under this subsection is a separate offense.
10-16 (e) It is an exception to the application of Subsection (a)
10-17 or (c) if the registered owner of the vehicle transferred ownership
10-18 of the vehicle to another person before the event of nonpayment
10-19 under Section 361.252 occurred, submitted written notice of the
10-20 transfer to the department in accordance with Section 520.023, and,
10-21 before the 30th day after the date the notice of nonpayment is
10-22 mailed, provides to the authority the name and address of the
10-23 person to whom the vehicle was transferred. If the former owner of
10-24 the vehicle provides the required information within the period
10-25 prescribed, the authority may send a notice of nonpayment to the
10-26 person to whom ownership of the vehicle was transferred at the
10-27 address provided the former owner by first class mail before the
11-1 30th day after the date of receipt of the required information from
11-2 the former owner. The subsequent owner of the vehicle for which
11-3 the proper toll was not paid who is mailed a written notice of
11-4 nonpayment under this subsection and fails to pay the proper toll
11-5 and administrative fee within the time specified by the notice of
11-6 nonpayment commits an offense. The subsequent owner shall pay a
11-7 separate toll and administrative fee for each event of nonpayment
11-8 under Section 361.252. Each failure to pay a toll or administrative
11-9 fee under this subsection is a separate offense.
11-10 (f) An offense under this section is a misdemeanor
11-11 punishable by a fine not to exceed $250.
11-12 (g) The court in which a person is convicted of an offense
11-13 under this section shall also collect the proper toll and
11-14 administrative fee and forward the toll and fee to the authority.
11-15 (h) In this section, "registered owner" means the owner of a
11-16 vehicle as shown on the vehicle registration records of the
11-17 department or the analogous department or agency of another state
11-18 or country.
11-19 SECTION 8. Section 361.254, Transportation Code, is amended
11-20 to read as follows:
11-21 Sec. 361.254. PRESUMPTIONS; PRIMA FACIE EVIDENCE; DEFENSES
11-22 [PROSECUTIONS]. (a) In the prosecution of an offense [a violation]
11-23 under Section 361.252 or 361.253, proof that the vehicle was driven
11-24 or towed through the toll collection facility without payment of
11-25 the proper toll may be shown by a video recording, photograph,
11-26 electronic recording, or other appropriate evidence, including
11-27 evidence obtained by automated enforcement technology.
12-1 (b) In the prosecution of an offense under Section
12-2 361.253(c), (d), or (e):
12-3 (1) it is presumed that the notice of nonpayment was
12-4 received on the fifth day after the date of mailing;
12-5 (2) a computer record of the department of the
12-6 registered owner of the vehicle is prima facie evidence of its
12-7 contents and that the defendant was the registered owner of the
12-8 vehicle when the underlying event of nonpayment under Section
12-9 361.252 occurred; and
12-10 (3) a copy of the rental, lease, or other contract
12-11 document covering the vehicle on the date of the underlying event
12-12 of nonpayment under Section 361.252 is prima facie evidence of its
12-13 contents and that the defendant was the lessee of the vehicle when
12-14 the underlying event of nonpayment under Section 361.252 occurred
12-15 [361.252 or 361.253, proof that the vehicle passed through a toll
12-16 collection facility without payment of the proper toll, together
12-17 with proof that the defendant was the registered owner of the
12-18 vehicle when the failure to pay occurred, establishes the
12-19 nonpayment of the registered owner].
12-20 [(b) The court of the local jurisdiction in which the
12-21 violation occurred may assess and collect the fine, in addition to
12-22 any court costs. The court shall also collect the proper toll and
12-23 administrative fee and forward the toll and fee to the authority.]
12-24 (c) It is a defense to prosecution [nonpayment] under
12-25 Section 361.253(c), (d), or (e) [361.252 or 361.253] that the motor
12-26 vehicle in question was stolen before the failure to pay the proper
12-27 toll occurred and had [was] not been recovered before [by the time
13-1 of] the failure to pay occurred, but only if the theft was reported
13-2 to the appropriate law enforcement authority before the earlier of:
13-3 (1) the occurrence of the failure to pay; or
13-4 (2) eight hours after the discovery of the theft.
13-5 [(d) A registered owner who is a lessor of a vehicle
13-6 concerning which a notice of nonpayment was issued under Section
13-7 361.253 is not liable in connection with that notice of nonpayment
13-8 if, not later than 30 days after the date the notice of nonpayment
13-9 is mailed, the registered owner provides to the authority a copy of
13-10 the rental, lease, or other contract document covering the vehicle
13-11 on the date of the nonpayment, with the name and address of the
13-12 lessee clearly legible. Failure to provide this information within
13-13 the period prescribed renders the lessor liable as the registered
13-14 owner. If the lessor provides the required information within the
13-15 period prescribed, the lessee of the vehicle on the date of the
13-16 violation is considered to be the owner of the vehicle for purposes
13-17 of this section and is subject to prosecution for failure to pay
13-18 the proper toll as if the lessee were the registered owner, if the
13-19 authority sends a notice of nonpayment to the lessee by first class
13-20 mail within 30 days after the date of receipt of the required
13-21 information from the lessor.]
13-22 SECTION 9. Section 361.255(b), Transportation Code, is
13-23 amended to read as follows:
13-24 (b) Any peace officer [law enforcement officer] of this
13-25 state may [the Department of Public Safety of the State of Texas
13-26 has the authority to] seize a stolen or insufficiently funded
13-27 transponder and [to] return it to the authority, except that an
14-1 insufficiently funded transponder may not be seized sooner than the
14-2 30th day [30 days] after the date the authority has sent a notice
14-3 of delinquency to the holder of the account.
14-4 SECTION 10. Subchapter G, Chapter 361, Transportation Code,
14-5 is amended by adding Section 361.256 to read as follows:
14-6 Sec. 361.256. AUTOMATED ENFORCEMENT TECHNOLOGY. (a) To aid
14-7 in the collection of tolls and in the enforcement of toll
14-8 violations, the authority may use automated enforcement technology
14-9 that it determines is necessary, including automatic vehicle
14-10 license plate identification photography and video surveillance, by
14-11 electronic imaging or photographic copying.
14-12 (b) Automated enforcement technology approved by the
14-13 authority under Subsection (a) may be used only for the purpose of
14-14 producing, depicting, photographing, or recording an image of a
14-15 license plate attached to the front or rear of a vehicle.
14-16 (c) This section does not authorize the use of automated
14-17 enforcement technology for any other purpose.
14-18 (d) Evidence obtained from technology approved by the
14-19 authority under Subsection (a) may not be used in the prosecution
14-20 of an offense other than under Section 361.252 or 361.253.
14-21 SECTION 11. (a) The changes in law made by this Act apply
14-22 only to the civil or criminal consequences of a nonpayment of a
14-23 toll that occurs on or after the effective date of this Act.
14-24 (b) The civil or criminal consequences of a nonpayment of a
14-25 toll that occurs before the effective date of this Act are covered
14-26 by the law in effect when the nonpayment occurred, and the former
14-27 law is continued in effect for that purpose.
15-1 SECTION 12. This Act takes effect September 1, 2001.