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
1-10     an authorized [a police or] emergency vehicle that is driven or
1-11     towed 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
1-25     payment of [legally bound to pay] both the proper toll and an
 2-1     administrative fee.
 2-2           (b)  The commission by rule and a transportation corporation
 2-3     by order of its board of directors may respectively impose and
 2-4     collect [fix] an administrative fee, not to exceed $100, to recover
 2-5     the cost of collecting an unpaid toll.  The department shall send a
 2-6     written notice of nonpayment to the registered owner of the vehicle
 2-7     at that owner's address as shown in the vehicle registration
 2-8     records of [shall be sent by] the department by first-class mail
 2-9     not later than the 30th day [30 days] after the date of the alleged
2-10     failure to pay and may require payment not sooner than the 30th day
2-11     [30 days] after the date the notice was mailed.  The registered
2-12     owner shall pay a separate toll and administrative fee for each
2-13     event of nonpayment under Section 224.155.
2-14           (c)  The [If the] registered owner of a [the] vehicle for
2-15     which the proper toll was not paid who is mailed a written notice
2-16     of nonpayment under Subsection (b) and fails to pay the proper toll
2-17     and administrative fee within the time specified by the notice of
2-18     nonpayment commits an offense.  Each failure to pay a toll or
2-19     administrative fee under this subsection is a separate offense
2-20     [issued under this section, the registered owner shall be cited as
2-21     for other traffic violations for the nonpayment, and the owner is
2-22     legally bound to pay a fine, not to exceed $250, for each event of
2-23     nonpayment.  Neither the legal obligation to pay nor the actual
2-24     payment of the fine affects the legal duty of the owner for any
2-25     other fine or penalty prescribed by law].
2-26           (d)  It is an exception to the application of Subsection (a)
 3-1     or (c) if the registered owner of the vehicle is a lessor of the
 3-2     vehicle and, not later than the 30th day after the date the notice
 3-3     of nonpayment is mailed, provides to the department or the
 3-4     transportation corporation a copy of the rental, lease, or other
 3-5     contract document covering the vehicle on the date of the
 3-6     nonpayment under Section 224.155, with the name and address of the
 3-7     lessee clearly legible.  If the lessor provides the required
 3-8     information within the period prescribed, the department or the
 3-9     transportation corporation may send a notice of nonpayment to the
3-10     lessee at the address shown on the contract document by first-class
3-11     mail before the 30th day after the date of receipt of the required
3-12     information from the lessor.  The lessee of the vehicle for which
3-13     the proper toll was not paid who is mailed a written notice of
3-14     nonpayment under this subsection and fails to pay the proper toll
3-15     and administrative fee within the time specified by the notice of
3-16     nonpayment commits an offense.  The lessee shall pay a separate
3-17     toll and administrative fee for each event of nonpayment under
3-18     Section 224.155.  Each failure to pay a toll or administrative fee
3-19     under this subsection is a separate offense.
3-20           (e)  It is an exception to the application of Subsection (a)
3-21     or (c) if the registered owner of the vehicle transferred ownership
3-22     of the vehicle to another person before the event of nonpayment
3-23     under Section 224.155 occurred, submitted written notice of the
3-24     transfer to the department in accordance with Section 520.023, and,
3-25     before the 30th day after the date the notice of nonpayment is
3-26     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.
 5-1           SECTION 3.  Section 224.157, Transportation Code, is amended
 5-2     to read as follows:
 5-3           Sec. 224.157.  PRESUMPTIONS; PRIMA FACIE EVIDENCE; DEFENSES
 5-4     [PROSECUTIONS].  (a)  In the prosecution of an offense [a
 5-5     violation] under Section 224.155 or 224.156, proof that the vehicle
 5-6     was driven or towed through the toll collection facility without
 5-7     payment of the proper toll may be shown by a video recording,
 5-8     photograph, electronic recording, or other appropriate evidence,
 5-9     including evidence obtained by automated enforcement technology.
5-10           (b)  In the prosecution of an offense under Section
5-11     224.156(c), (d), or (e):
5-12                 (1)  it is presumed that the notice of nonpayment was
5-13     received on the fifth day after the date of mailing;
5-14                 (2)  a computer record of the department of the
5-15     registered owner of the vehicle is prima facie evidence of its
5-16     contents and that the defendant was the registered owner of the
5-17     vehicle when the underlying event of nonpayment under Section
5-18     224.155 occurred; and
5-19                 (3)  a copy of the rental, lease, or other contract
5-20     document covering the vehicle on the date of the underlying event
5-21     of nonpayment under Section 224.155 is prima facie evidence of its
5-22     contents and that the defendant was the lessee of the vehicle when
5-23     the underlying event of nonpayment under Section 224.155 occurred
5-24     [Sections 224.155 and 224.156, proof that the vehicle passed
5-25     through a toll collection facility without payment of the proper
5-26     toll, together with proof that the defendant was the registered
 6-1     owner of the vehicle when the failure to pay occurred, establishes
 6-2     the nonpayment of the registered owner].
 6-3           [(b)  The court of the local jurisdiction in which the
 6-4     violation occurred may assess and collect the fine in addition to
 6-5     any court costs.  The court shall also collect the proper toll and
 6-6     administrative fee and forward the toll and fee to the department
 6-7     or to the transportation corporation.]
 6-8           (c)  It is a defense to prosecution [nonpayment] under
 6-9     Section 224.156(c), (d), or (e) [224.155 or 224.156] that the
6-10     [motor] vehicle in question was stolen before the date that the
6-11     failure to pay the proper toll occurred and had [was] not been
6-12     recovered before [by the time of] the failure to pay occurred, but
6-13     only if the theft was reported to the appropriate law enforcement
6-14     authority before the earlier of:
6-15                 (1)  the occurrence of the failure to pay; or
6-16                 (2)  eight hours after discovery of the theft.
6-17           [(d)  A registered owner who is a lessor of a vehicle
6-18     concerning which a notice of nonpayment was issued under Section
6-19     224.156 is not liable in connection with that notice of nonpayment
6-20     if, not later than 30 days after the date the notice of nonpayment
6-21     is mailed, the registered owner provides to the department or the
6-22     transportation corporation a copy of the rental, lease, or other
6-23     contract document covering the vehicle on the date of the
6-24     nonpayment, with the name and address of the lessee clearly
6-25     legible.  Failure to provide this information within the period
6-26     prescribed renders the lessor liable as the registered owner.  If
 7-1     the lessor provides the required information within the period
 7-2     prescribed, the lessee of the vehicle on the date of the violation
 7-3     is considered to be the owner of the vehicle for purposes of this
 7-4     subchapter and is subject to prosecution for failure to pay the
 7-5     proper toll as if the lessee were the registered owner, if the
 7-6     department or the transportation corporation sends a notice of
 7-7     nonpayment to the lessee by first-class mail within 30 days after
 7-8     the date of receipt of the required information from the lessor.]
 7-9           SECTION 4.  Subsection (b), Section 224.158, Transportation
7-10     Code, is amended to read as follows:
7-11           (b)  Any peace [law enforcement] officer of this state may
7-12     [the Department of Public Safety has the authority to] seize a
7-13     stolen or insufficiently funded transponder and [to] return it to
7-14     the department or the transportation corporation, except that an
7-15     insufficiently funded transponder may not be seized sooner than 30
7-16     days after the date the department or the transportation
7-17     corporation has sent a notice of delinquency to the holder of the
7-18     account.
7-19           SECTION 5.  Subchapter F, Chapter 224, Transportation Code,
7-20     is amended by adding Section 224.160 to read as follows:
7-21           Sec. 224.160.  AUTOMATED ENFORCEMENT TECHNOLOGY.  (a)  To aid
7-22     in the collection of tolls and in the enforcement of toll
7-23     violations, including tolls on temporary toll projects authorized
7-24     by Section 222.102, the commission may use automated enforcement
7-25     technology that it determines is necessary, including automatic
7-26     vehicle license plate identification photography and video
 8-1     surveillance, by electronic imaging or photographic copying.
 8-2           (b)  Automated enforcement technology approved by the
 8-3     commission under Subsection (a) may be used only for the purpose of
 8-4     producing, depicting, photographing, or recording an image of a
 8-5     license plate attached to the front or rear of a vehicle.
 8-6           (c)  This section does not authorize the use of automated
 8-7     enforcement technology for any other purpose.
 8-8           (d)  Evidence obtained from technology approved by the
 8-9     commission under Subsection (a) may not be used in the prosecution
8-10     of an offense other than under Section 224.155 or 224.156.
8-11           SECTION 6.  Section 361.252, Transportation Code, is amended
8-12     to read as follows:
8-13           Sec. 361.252.  FAILURE OR REFUSAL TO PAY TOLL; OFFENSE.
8-14     (a)  The operator of a [Any motor] vehicle, other than an
8-15     authorized [that is not a police or] emergency vehicle, that is
8-16     driven or towed through a toll collection facility[,] shall pay the
8-17     proper toll.
8-18           (b)  The operator of a vehicle who drives or tows a vehicle
8-19     through a toll collection facility and does not pay the proper toll
8-20     commits an offense.
8-21           (c)  An offense under this section is a misdemeanor
8-22     punishable by a fine not to exceed $250.
8-23           (d)  In this section, "authorized emergency vehicle" has the
8-24     meaning assigned by Section 541.201.
8-25           SECTION 7.  Section 361.253, Transportation Code, is amended
8-26     to read as follows:
 9-1           Sec. 361.253.  ADMINISTRATIVE FEE; NOTICE; OFFENSE.  (a)  In
 9-2     the event of nonpayment of the proper toll as required by Section
 9-3     361.252, on issuance of a written [proper] notice of nonpayment,
 9-4     the registered owner of the nonpaying vehicle is liable for the
 9-5     payment of [legally bound to pay] both the proper toll and an
 9-6     administrative fee.
 9-7           (b)  The authority may impose [fix, revise, charge,] and
 9-8     collect the administrative fee, so as to recover the cost of
 9-9     collecting the unpaid toll, not to exceed $100.  The authority
9-10     shall send a written notice of nonpayment to the registered owner
9-11     of the vehicle at that owner's address as shown in the vehicle
9-12     registration records of the department [shall be sent] by first
9-13     class mail not later than the 30th day [30 days] after the date of
9-14     the alleged failure to pay and may require payment not sooner than
9-15     the 30th day [30 days from] the date the notice was mailed.  The
9-16     registered owner shall pay a separate toll and administrative fee
9-17     for each event of nonpayment under Section 361.252.
9-18           (c)  The [If the] registered owner of a [the] vehicle for
9-19     which the proper toll was not paid who is mailed a written notice
9-20     of nonpayment under Subsection (b) and fails to pay the proper toll
9-21     and administrative fee within the time specified by the notice of
9-22     nonpayment commits an offense.  Each failure to pay a toll or
9-23     administrative fee under this subsection is a separate offense
9-24     [issued under this section, the registered owner shall be cited as
9-25     for other traffic violations for the nonpayment, and the owner is
9-26     legally bound to pay a fine, not to exceed $250, for each event of
 10-1    nonpayment.  Neither the legal obligation to pay nor the actual
 10-2    payment of the fine shall affect the legal duty of the owner for
 10-3    any other fine or penalty prescribed by law].
 10-4          (d)  It is an exception to the application of Subsection
 10-5    (a)  or (c) if the registered owner of the vehicle is a lessor of
 10-6    the vehicle and not later than the 30th day after the date the
 10-7    notice of nonpayment is mailed provides to the authority a copy of
 10-8    the rental, lease, or other contract document covering the vehicle
 10-9    on the date of the nonpayment under Section 361.252, with the name
10-10    and address of the lessee clearly legible.  If the lessor provides
10-11    the required information within the period prescribed, the
10-12    authority may send a notice of nonpayment to the lessee at the
10-13    address shown on the contract document by first class mail before
10-14    the 30th day after the date of receipt of the required information
10-15    from the lessor.  The lessee of the vehicle for which the proper
10-16    toll was not paid who is mailed a written notice of nonpayment
10-17    under this subsection and fails to pay the proper toll and
10-18    administrative fee within the time specified by the notice of
10-19    nonpayment commits an offense.  The lessee shall pay a separate
10-20    toll and administrative fee for each event of nonpayment.  Each
10-21    failure to pay a toll or administrative fee under this subsection
10-22    is a separate offense.
10-23          (e)  It is an exception to the application of Subsection
10-24    (a)  or (c) if the registered owner of the vehicle transferred
10-25    ownership of the vehicle to another person before the event of
10-26    nonpayment under Section 361.252 occurred, submitted written notice
 11-1    of the transfer to the department in accordance with Section
 11-2    520.023, and, before the 30th day after the date the notice of
 11-3    nonpayment is mailed, provides to the authority the name and
 11-4    address of the person to whom the vehicle was transferred.  If the
 11-5    former owner of the vehicle provides the required information
 11-6    within the period prescribed, the authority may send a notice of
 11-7    nonpayment to the person to whom ownership of the vehicle was
 11-8    transferred at the address provided the former owner by first class
 11-9    mail before the 30th day after the date of receipt of the required
11-10    information from the former owner.  The subsequent owner of the
11-11    vehicle for which the proper toll was not paid who is mailed a
11-12    written notice of nonpayment under this subsection and fails to pay
11-13    the proper toll and administrative fee within the time specified by
11-14    the notice of nonpayment commits an offense.  The subsequent owner
11-15    shall pay a separate toll and administrative fee for each event of
11-16    nonpayment under Section 361.252.  Each failure to pay a toll or
11-17    administrative fee under this subsection is a separate offense.
11-18          (f)  An offense under this section is a misdemeanor
11-19    punishable by a fine not to exceed $250.
11-20          (g)  The court in which a person is convicted of an offense
11-21    under this section shall also collect the proper toll and
11-22    administrative fee and forward the toll and fee to the authority.
11-23          (h)  In this section, "registered owner" means the owner of a
11-24    vehicle as shown on the vehicle registration records of the
11-25    department or the analogous department or agency of another state
11-26    or country.
 12-1          SECTION 8.  Section 361.254, Transportation Code, is amended
 12-2    to read as follows:
 12-3          Sec. 361.254.  PRESUMPTIONS; PRIMA FACIE EVIDENCE; DEFENSES
 12-4    [PROSECUTIONS].  (a)  In the prosecution of an offense [a
 12-5    violation] under Section 361.252 or 361.253, proof that the vehicle
 12-6    was driven or towed through the toll collection facility without
 12-7    payment of the proper toll may be shown by a video recording,
 12-8    photograph, electronic recording, or other appropriate evidence,
 12-9    including evidence obtained by automated enforcement technology.
12-10          (b)  In the prosecution of an offense under Section
12-11    361.253(c), (d), or (e):
12-12                (1)  it is presumed that the notice of nonpayment was
12-13    received on the fifth day after the date of mailing;
12-14                (2)  a computer record of the department of the
12-15    registered owner of the vehicle is prima facie evidence of its
12-16    contents and that the defendant was the registered owner of the
12-17    vehicle when the underlying event of nonpayment under Section
12-18    361.252 occurred; and
12-19                (3)  a copy of the rental, lease, or other contract
12-20    document covering the vehicle on the date of the underlying event
12-21    of nonpayment under Section 361.252 is prima facie evidence of its
12-22    contents and that the defendant was the lessee of the vehicle when
12-23    the underlying event of nonpayment under Section 361.252 occurred
12-24    [passed through a toll collection facility without payment of the
12-25    proper toll, together with proof that the defendant was the
12-26    registered owner of the vehicle when the failure to pay occurred,
 13-1    establishes the nonpayment of the registered owner].
 13-2          [(b)  The court of the local jurisdiction in which the
 13-3    violation occurred may assess and collect the fine, in addition to
 13-4    any court costs.  The court shall also collect the proper toll and
 13-5    administrative fee and forward the toll and fee to the authority.]
 13-6          (c)  It is a defense to prosecution [nonpayment] under
 13-7    Section 361.253(c), (d), or (e) [361.252 or 361.253] that the motor
 13-8    vehicle in question was stolen before the failure to pay the proper
 13-9    toll occurred and had [was] not been recovered before [by the time
13-10    of] the failure to pay occurred, but only if the theft was reported
13-11    to the appropriate law enforcement authority before the earlier of:
13-12                (1)  the occurrence of the failure to pay; or
13-13                (2)  eight hours after the discovery of the theft.
13-14          [(d)  A registered owner who is a lessor of a vehicle
13-15    concerning which a notice of nonpayment was issued under Section
13-16    361.253 is not liable in connection with that notice of nonpayment
13-17    if, not later than 30 days after the date the notice of nonpayment
13-18    is mailed, the registered owner provides to the authority a copy of
13-19    the rental, lease, or other contract document covering the vehicle
13-20    on the date of the nonpayment, with the name and address of the
13-21    lessee clearly legible.  Failure to provide this information within
13-22    the period prescribed renders the lessor liable as the registered
13-23    owner.  If the lessor provides the required information within the
13-24    period prescribed, the lessee of the vehicle on the date of the
13-25    violation is considered to be the owner of the vehicle for purposes
13-26    of this section and is subject to prosecution for failure to pay
 14-1    the proper toll as if the lessee were the registered owner, if the
 14-2    authority sends a notice of nonpayment to the lessee by first class
 14-3    mail within 30 days after the date of receipt of the required
 14-4    information from the lessor.]
 14-5          SECTION 9.  Subsection (b), Section 361.255, Transportation
 14-6    Code, is amended to read as follows:
 14-7          (b)  Any peace officer [law enforcement officer] of this
 14-8    state may [the Department of Public Safety of the State of Texas
 14-9    has the authority to] seize a stolen or insufficiently funded
14-10    transponder and [to] return it to the authority, except that an
14-11    insufficiently funded transponder may not be seized sooner than the
14-12    30th day [30 days] after the date the authority has sent a notice
14-13    of delinquency to the holder of the account.
14-14          SECTION 10.  Subchapter G, Chapter 361, Transportation Code,
14-15    is amended by adding Section 361.256 to read as follows:
14-16          Sec. 361.256.  AUTOMATED ENFORCEMENT TECHNOLOGY.  (a)  To aid
14-17    in the collection of tolls and in the enforcement of toll
14-18    violations, the authority may use automated enforcement technology
14-19    that it determines is necessary, including automatic vehicle
14-20    license plate identification photography and video surveillance, by
14-21    electronic imaging or photographic copying.
14-22          (b)  Automated enforcement technology approved by the
14-23    authority under Subsection (a) may be used only for the purpose of
14-24    producing, depicting, photographing, or recording an image of a
14-25    license plate attached to the front or rear of a vehicle.
14-26          (c)  This section does not authorize the use of automated
 15-1    enforcement technology for any other purpose.
 15-2          (d)  Evidence obtained from technology approved by the
 15-3    authority under Subsection (a) may not be used in the prosecution
 15-4    of an offense other than under Section 361.252 or 361.253.
 15-5          SECTION 11.  (a)  The changes in law made by this Act apply
 15-6    only to the civil or criminal consequences of a nonpayment of a
 15-7    toll that occurs on or after the effective date of this Act.
 15-8          (b)  The civil or criminal consequences of a nonpayment of a
 15-9    toll that occurs before the effective date of this Act are covered
15-10    by the law in effect when the nonpayment occurred, and the former
15-11    law is continued in effect for that purpose.
15-12          SECTION 12.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 454 passed the Senate on
         March 12, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 454 passed the House on
         May 23, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor