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