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.