1-1 By: Armbrister S.B. No. 454
1-2 (In the Senate - Filed January 30, 2001; January 31, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 28, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0;
1-6 February 28, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 454 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to regulations regarding certain roadways, including
1-11 regulation of toll collection and enforcement and regulation of
1-12 certain roadside signs; providing for civil and criminal penalties.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 224.155, Transportation Code, is amended
1-15 to read as follows:
1-16 Sec. 224.155. FAILURE OR REFUSAL TO PAY TOLL; OFFENSE
1-17 [CHARGES]. (a) The operator of a [Any motor] vehicle other than
1-18 an authorized [a police or] emergency vehicle that is driven or
1-19 towed through a toll collection facility shall pay the proper toll.
1-20 (b) The operator of a vehicle who drives or tows a vehicle
1-21 through a toll collection facility and does not pay the proper toll
1-22 commits an offense.
1-23 (c) An offense under this section is a misdemeanor
1-24 punishable by a fine not to exceed $250.
1-25 (d) In this section, "authorized emergency vehicle" has the
1-26 meaning assigned by Section 541.201.
1-27 SECTION 2. Section 224.156, Transportation Code, is amended
1-28 to read as follows:
1-29 Sec. 224.156. ADMINISTRATIVE FEE; NOTICE; OFFENSE. (a) In
1-30 the event of nonpayment of the proper toll as required by Section
1-31 224.155, on issuance of a written [proper] notice of nonpayment,
1-32 the registered owner of the nonpaying vehicle is liable for the
1-33 payment of [legally bound to pay] both the proper toll and an
1-34 administrative fee.
1-35 (b) The commission by rule and a transportation corporation
1-36 by order of its board of directors may respectively impose and
1-37 collect [fix] an administrative fee, not to exceed $100, to recover
1-38 the cost of collecting an unpaid toll. The department shall send a
1-39 written notice of nonpayment to the registered owner of the vehicle
1-40 at that owner's address as shown in the vehicle registration
1-41 records of [shall be sent by] the department by first-class mail
1-42 not later than the 30th day [30 days] after the date of the alleged
1-43 failure to pay and may require payment not sooner than the 30th day
1-44 [30 days] after the date the notice was mailed. The registered
1-45 owner shall pay a separate toll and administrative fee for each
1-46 event of nonpayment under Section 224.155.
1-47 (c) The [If the] registered owner of a [the] vehicle for
1-48 which the proper toll was not paid who is mailed a written notice
1-49 of nonpayment under Subsection (b) and fails to pay the proper toll
1-50 and administrative fee within the time specified by the notice of
1-51 nonpayment commits an offense. Each failure to pay a toll or
1-52 administrative fee under this subsection is a separate offense
1-53 [issued under this section, the registered owner shall be cited as
1-54 for other traffic violations for the nonpayment, and the owner is
1-55 legally bound to pay a fine, not to exceed $250, for each event of
1-56 nonpayment. Neither the legal obligation to pay nor the actual
1-57 payment of the fine affects the legal duty of the owner for any
1-58 other fine or penalty prescribed by law].
1-59 (d) It is an exception to the application of Subsection (a)
1-60 or (c) if the registered owner of the vehicle is a lessor of the
1-61 vehicle and, not later than the 30th day after the date the notice
1-62 of nonpayment is mailed, provides to the department or the
1-63 transportation corporation a copy of the rental, lease, or other
1-64 contract document covering the vehicle on the date of the
2-1 nonpayment under Section 224.155, with the name and address of the
2-2 lessee clearly legible. If the lessor provides the required
2-3 information within the period prescribed, the department or the
2-4 transportation corporation may send a notice of nonpayment to the
2-5 lessee at the address shown on the contract document by first-class
2-6 mail before the 30th day after the date of receipt of the required
2-7 information from the lessor. The lessee of the vehicle for which
2-8 the proper toll was not paid who is mailed a written notice of
2-9 nonpayment under this subsection and fails to pay the proper toll
2-10 and administrative fee within the time specified by the notice of
2-11 nonpayment commits an offense. The lessee shall pay a separate
2-12 toll and administrative fee for each event of nonpayment under
2-13 Section 224.155. Each failure to pay a toll or administrative fee
2-14 under this subsection is a separate offense.
2-15 (e) It is an exception to the application of Subsection (a)
2-16 or (c) if the registered owner of the vehicle transferred ownership
2-17 of the vehicle to another person before the event of nonpayment
2-18 under Section 224.155 occurred, submitted written notice of the
2-19 transfer to the department in accordance with Section 520.023, and,
2-20 before the 30th day after the date the notice of nonpayment is
2-21 mailed, provides to the department or the transportation
2-22 corporation the name and address of the person to whom the vehicle
2-23 was transferred. If the former owner of the vehicle provides the
2-24 required information within the period prescribed, the department
2-25 or the transportation corporation may send a notice of nonpayment
2-26 to the person to whom ownership of the vehicle was transferred at
2-27 the address provided the former owner by first-class mail before
2-28 the 30th day after the date of receipt of the required information
2-29 from the former owner. The subsequent owner of the vehicle for
2-30 which the proper toll was not paid who is mailed a written notice
2-31 of nonpayment under this subsection and fails to pay the proper
2-32 toll and administrative fee within the time specified by the notice
2-33 of nonpayment commits an offense. The subsequent owner of the
2-34 vehicle shall pay a separate toll and administrative fee for each
2-35 event of nonpayment under Section 224.155. Each failure to pay a
2-36 toll or administrative fee under this subsection is a separate
2-37 offense.
2-38 (f) An offense under this section is a misdemeanor
2-39 punishable by a fine not to exceed $250.
2-40 (g) The court in which a person is convicted of an offense
2-41 under this section shall also collect the proper toll and
2-42 administrative fee and forward the toll and fee to the department
2-43 or to the transportation corporation.
2-44 (h) In this section, "registered owner" means the owner of a
2-45 vehicle as shown on the vehicle registration records of the
2-46 department or the analogous department or agency of another state
2-47 or country.
2-48 SECTION 3. Section 224.157, Transportation Code, is amended
2-49 to read as follows:
2-50 Sec. 224.157. PRESUMPTIONS; PRIMA FACIE EVIDENCE; DEFENSES
2-51 [PROSECUTIONS]. (a) In the prosecution of an offense [a
2-52 violation] under Section 224.155 or 224.156, proof that the vehicle
2-53 was driven or towed through the toll collection facility without
2-54 payment of the proper toll may be shown by a video recording,
2-55 photograph, electronic recording, or other appropriate evidence,
2-56 including evidence obtained by automated enforcement technology.
2-57 (b) In the prosecution of an offense under Section
2-58 224.156(c), (d), or (e):
2-59 (1) it is presumed that the notice of nonpayment was
2-60 received on the fifth day after the date of mailing;
2-61 (2) a computer record of the department of the
2-62 registered owner of the vehicle is prima facie evidence of its
2-63 contents and that the defendant was the registered owner of the
2-64 vehicle when the underlying event of nonpayment under Section
2-65 224.155 occurred; and
2-66 (3) a copy of the rental, lease, or other contract
2-67 document covering the vehicle on the date of the underlying event
2-68 of nonpayment under Section 224.155 is prima facie evidence of its
2-69 contents and that the defendant was the lessee of the vehicle when
3-1 the underlying event of nonpayment under Section 224.155 occurred
3-2 [Sections 224.155 and 224.156, proof that the vehicle passed
3-3 through a toll collection facility without payment of the proper
3-4 toll, together with proof that the defendant was the registered
3-5 owner of the vehicle when the failure to pay occurred, establishes
3-6 the nonpayment of the registered owner].
3-7 [(b) The court of the local jurisdiction in which the
3-8 violation occurred may assess and collect the fine in addition to
3-9 any court costs. The court shall also collect the proper toll and
3-10 administrative fee and forward the toll and fee to the department
3-11 or to the transportation corporation.]
3-12 (c) It is a defense to prosecution [nonpayment] under
3-13 Section 224.156(c), (d), or (e) [224.155 or 224.156] that the
3-14 [motor] vehicle in question was stolen before the date that the
3-15 failure to pay the proper toll occurred and had [was] not been
3-16 recovered before [by the time of] the failure to pay occurred, but
3-17 only if the theft was reported to the appropriate law enforcement
3-18 authority before the earlier of:
3-19 (1) the occurrence of the failure to pay; or
3-20 (2) eight hours after discovery of the theft.
3-21 [(d) A registered owner who is a lessor of a vehicle
3-22 concerning which a notice of nonpayment was issued under Section
3-23 224.156 is not liable in connection with that notice of nonpayment
3-24 if, not later than 30 days after the date the notice of nonpayment
3-25 is mailed, the registered owner provides to the department or the
3-26 transportation corporation a copy of the rental, lease, or other
3-27 contract document covering the vehicle on the date of the
3-28 nonpayment, with the name and address of the lessee clearly
3-29 legible. Failure to provide this information within the period
3-30 prescribed renders the lessor liable as the registered owner. If
3-31 the lessor provides the required information within the period
3-32 prescribed, the lessee of the vehicle on the date of the violation
3-33 is considered to be the owner of the vehicle for purposes of this
3-34 subchapter and is subject to prosecution for failure to pay the
3-35 proper toll as if the lessee were the registered owner, if the
3-36 department or the transportation corporation sends a notice of
3-37 nonpayment to the lessee by first-class mail within 30 days after
3-38 the date of receipt of the required information from the lessor.]
3-39 SECTION 4. Subsection (b), Section 224.158, Transportation
3-40 Code, is amended to read as follows:
3-41 (b) Any peace [law enforcement] officer of this state may
3-42 [the Department of Public Safety has the authority to] seize a
3-43 stolen or insufficiently funded transponder and [to] return it to
3-44 the department or the transportation corporation, except that an
3-45 insufficiently funded transponder may not be seized sooner than 30
3-46 days after the date the department or the transportation
3-47 corporation has sent a notice of delinquency to the holder of the
3-48 account.
3-49 SECTION 5. Subchapter F, Chapter 224, Transportation Code,
3-50 is amended by adding Section 224.160 to read as follows:
3-51 Sec. 224.160. AUTOMATED ENFORCEMENT TECHNOLOGY. (a) To aid
3-52 in the collection of tolls and in the enforcement of toll
3-53 violations, including tolls on temporary toll projects authorized
3-54 by Section 222.102, the commission may use automated enforcement
3-55 technology that it determines is necessary, including automatic
3-56 vehicle license plate identification photography and video
3-57 surveillance, by electronic imaging or photographic copying.
3-58 (b) Automated enforcement technology approved by the
3-59 commission under Subsection (a) may be used only for the purpose of
3-60 producing, depicting, photographing, or recording an image of a
3-61 license plate attached to the front or rear of a vehicle.
3-62 (c) This section does not authorize the use of automated
3-63 enforcement technology for any other purpose.
3-64 (d) Evidence obtained from technology approved by the
3-65 commission under Subsection (a) may not be used in the prosecution
3-66 of an offense other than under Section 224.155 or 224.156.
3-67 SECTION 6. Section 361.252, Transportation Code, is amended
3-68 to read as follows:
3-69 Sec. 361.252. FAILURE OR REFUSAL TO PAY TOLL; OFFENSE.
4-1 (a) The operator of a [Any motor] vehicle, other than an
4-2 authorized [that is not a police or] emergency vehicle, that is
4-3 driven or towed through a toll collection facility[,] shall pay the
4-4 proper toll.
4-5 (b) The operator of a vehicle who drives or tows a vehicle
4-6 through a toll collection facility and does not pay the proper toll
4-7 commits an offense.
4-8 (c) An offense under this section is a misdemeanor
4-9 punishable by a fine not to exceed $250.
4-10 (d) In this section, "authorized emergency vehicle" has the
4-11 meaning assigned by Section 541.201.
4-12 SECTION 7. Section 361.253, Transportation Code, is amended
4-13 to read as follows:
4-14 Sec. 361.253. ADMINISTRATIVE FEE; NOTICE; OFFENSE. (a) In
4-15 the event of nonpayment of the proper toll as required by Section
4-16 361.252, on issuance of a written [proper] notice of nonpayment,
4-17 the registered owner of the nonpaying vehicle is liable for the
4-18 payment of [legally bound to pay] both the proper toll and an
4-19 administrative fee.
4-20 (b) The authority may impose [fix, revise, charge,] and
4-21 collect the administrative fee, so as to recover the cost of
4-22 collecting the unpaid toll, not to exceed $100. The authority
4-23 shall send a written notice of nonpayment to the registered owner
4-24 of the vehicle at that owner's address as shown in the vehicle
4-25 registration records of the department [shall be sent] by first
4-26 class mail not later than the 30th day [30 days] after the date of
4-27 the alleged failure to pay and may require payment not sooner than
4-28 the 30th day [30 days from] the date the notice was mailed. The
4-29 registered owner shall pay a separate toll and administrative fee
4-30 for each event of nonpayment under Section 361.252.
4-31 (c) The [If the] registered owner of a [the] vehicle for
4-32 which the proper toll was not paid who is mailed a written notice
4-33 of nonpayment under Subsection (b) and fails to pay the proper toll
4-34 and administrative fee within the time specified by the notice of
4-35 nonpayment commits an offense. Each failure to pay a toll or
4-36 administrative fee under this subsection is a separate offense
4-37 [issued under this section, the registered owner shall be cited as
4-38 for other traffic violations for the nonpayment, and the owner is
4-39 legally bound to pay a fine, not to exceed $250, for each event of
4-40 nonpayment. Neither the legal obligation to pay nor the actual
4-41 payment of the fine shall affect the legal duty of the owner for
4-42 any other fine or penalty prescribed by law].
4-43 (d) It is an exception to the application of Subsection
4-44 (a) or (c) if the registered owner of the vehicle is a lessor of
4-45 the vehicle and not later than the 30th day after the date the
4-46 notice of nonpayment is mailed provides to the authority a copy of
4-47 the rental, lease, or other contract document covering the vehicle
4-48 on the date of the nonpayment under Section 361.252, with the name
4-49 and address of the lessee clearly legible. If the lessor provides
4-50 the required information within the period prescribed, the
4-51 authority may send a notice of nonpayment to the lessee at the
4-52 address shown on the contract document by first class mail before
4-53 the 30th day after the date of receipt of the required information
4-54 from the lessor. The lessee of the vehicle for which the proper
4-55 toll was not paid who is mailed a written notice of nonpayment
4-56 under this subsection and fails to pay the proper toll and
4-57 administrative fee within the time specified by the notice of
4-58 nonpayment commits an offense. The lessee shall pay a separate
4-59 toll and administrative fee for each event of nonpayment. Each
4-60 failure to pay a toll or administrative fee under this subsection
4-61 is a separate offense.
4-62 (e) It is an exception to the application of Subsection
4-63 (a) or (c) if the registered owner of the vehicle transferred
4-64 ownership of the vehicle to another person before the event of
4-65 nonpayment under Section 361.252 occurred, submitted written notice
4-66 of the transfer to the department in accordance with Section
4-67 520.023, and, before the 30th day after the date the notice of
4-68 nonpayment is mailed, provides to the authority the name and
4-69 address of the person to whom the vehicle was transferred. If the
5-1 former owner of the vehicle provides the required information
5-2 within the period prescribed, the authority may send a notice of
5-3 nonpayment to the person to whom ownership of the vehicle was
5-4 transferred at the address provided the former owner by first class
5-5 mail before the 30th day after the date of receipt of the required
5-6 information from the former owner. The subsequent owner of the
5-7 vehicle for which the proper toll was not paid who is mailed a
5-8 written notice of nonpayment under this subsection and fails to pay
5-9 the proper toll and administrative fee within the time specified by
5-10 the notice of nonpayment commits an offense. The subsequent owner
5-11 shall pay a separate toll and administrative fee for each event of
5-12 nonpayment under Section 361.252. Each failure to pay a toll or
5-13 administrative fee under this subsection is a separate offense.
5-14 (f) An offense under this section is a misdemeanor
5-15 punishable by a fine not to exceed $250.
5-16 (g) The court in which a person is convicted of an offense
5-17 under this section shall also collect the proper toll and
5-18 administrative fee and forward the toll and fee to the authority.
5-19 (h) In this section, "registered owner" means the owner of a
5-20 vehicle as shown on the vehicle registration records of the
5-21 department or the analogous department or agency of another state
5-22 or country.
5-23 SECTION 8. Section 361.254, Transportation Code, is amended
5-24 to read as follows:
5-25 Sec. 361.254. PRESUMPTIONS; PRIMA FACIE EVIDENCE; DEFENSES
5-26 [PROSECUTIONS]. (a) In the prosecution of an offense [a
5-27 violation] under Section 361.252 or 361.253, proof that the vehicle
5-28 was driven or towed through the toll collection facility without
5-29 payment of the proper toll may be shown by a video recording,
5-30 photograph, electronic recording, or other appropriate evidence,
5-31 including evidence obtained by automated enforcement technology.
5-32 (b) In the prosecution of an offense under Section
5-33 361.253(c), (d), or (e):
5-34 (1) it is presumed that the notice of nonpayment was
5-35 received on the fifth day after the date of mailing;
5-36 (2) a computer record of the department of the
5-37 registered owner of the vehicle is prima facie evidence of its
5-38 contents and that the defendant was the registered owner of the
5-39 vehicle when the underlying event of nonpayment under Section
5-40 361.252 occurred; and
5-41 (3) a copy of the rental, lease, or other contract
5-42 document covering the vehicle on the date of the underlying event
5-43 of nonpayment under Section 361.252 is prima facie evidence of its
5-44 contents and that the defendant was the lessee of the vehicle when
5-45 the underlying event of nonpayment under Section 361.252 occurred
5-46 [passed through a toll collection facility without payment of the
5-47 proper toll, together with proof that the defendant was the
5-48 registered owner of the vehicle when the failure to pay occurred,
5-49 establishes the nonpayment of the registered owner].
5-50 [(b) The court of the local jurisdiction in which the
5-51 violation occurred may assess and collect the fine, in addition to
5-52 any court costs. The court shall also collect the proper toll and
5-53 administrative fee and forward the toll and fee to the authority.]
5-54 (c) It is a defense to prosecution [nonpayment] under
5-55 Section 361.253(c), (d), or (e) [361.252 or 361.253] that the motor
5-56 vehicle in question was stolen before the failure to pay the proper
5-57 toll occurred and had [was] not been recovered before [by the time
5-58 of] the failure to pay occurred, but only if the theft was reported
5-59 to the appropriate law enforcement authority before the earlier of:
5-60 (1) the occurrence of the failure to pay; or
5-61 (2) eight hours after the discovery of the theft.
5-62 [(d) A registered owner who is a lessor of a vehicle
5-63 concerning which a notice of nonpayment was issued under Section
5-64 361.253 is not liable in connection with that notice of nonpayment
5-65 if, not later than 30 days after the date the notice of nonpayment
5-66 is mailed, the registered owner provides to the authority a copy of
5-67 the rental, lease, or other contract document covering the vehicle
5-68 on the date of the nonpayment, with the name and address of the
5-69 lessee clearly legible. Failure to provide this information within
6-1 the period prescribed renders the lessor liable as the registered
6-2 owner. If the lessor provides the required information within the
6-3 period prescribed, the lessee of the vehicle on the date of the
6-4 violation is considered to be the owner of the vehicle for purposes
6-5 of this section and is subject to prosecution for failure to pay
6-6 the proper toll as if the lessee were the registered owner, if the
6-7 authority sends a notice of nonpayment to the lessee by first class
6-8 mail within 30 days after the date of receipt of the required
6-9 information from the lessor.]
6-10 SECTION 9. Subsection (b), Section 361.255, Transportation
6-11 Code, is amended to read as follows:
6-12 (b) Any peace officer [law enforcement officer] of this
6-13 state may [the Department of Public Safety of the State of Texas
6-14 has the authority to] seize a stolen or insufficiently funded
6-15 transponder and [to] return it to the authority, except that an
6-16 insufficiently funded transponder may not be seized sooner than the
6-17 30th day [30 days] after the date the authority has sent a notice
6-18 of delinquency to the holder of the account.
6-19 SECTION 10. Subchapter G, Chapter 361, Transportation Code,
6-20 is amended by adding Section 361.256 to read as follows:
6-21 Sec. 361.256. AUTOMATED ENFORCEMENT TECHNOLOGY. (a) To aid
6-22 in the collection of tolls and in the enforcement of toll
6-23 violations, the authority may use automated enforcement technology
6-24 that it determines is necessary, including automatic vehicle
6-25 license plate identification photography and video surveillance, by
6-26 electronic imaging or photographic copying.
6-27 (b) Automated enforcement technology approved by the
6-28 authority under Subsection (a) may be used only for the purpose of
6-29 producing, depicting, photographing, or recording an image of a
6-30 license plate attached to the front or rear of a vehicle.
6-31 (c) This section does not authorize the use of automated
6-32 enforcement technology for any other purpose.
6-33 (d) Evidence obtained from technology approved by the
6-34 authority under Subsection (a) may not be used in the prosecution
6-35 of an offense other than under Section 361.252 or 361.253.
6-36 SECTION 11. Section 391.068, Transportation Code, is amended
6-37 by adding Subsection (d) to read as follows:
6-38 (d) A permit issued by a political subdivision of this state
6-39 must comply with the requirements of 23 C.F.R. Sections
6-40 750.707(d)(3) and (6).
6-41 SECTION 12. (a) The changes in law made by this Act apply
6-42 only to the civil or criminal consequences of a nonpayment of a
6-43 toll that occurs on or after the effective date of this Act.
6-44 (b) The civil or criminal consequences of a nonpayment of a
6-45 toll that occurs before the effective date of this Act are covered
6-46 by the law in effect when the nonpayment occurred, and the former
6-47 law is continued in effect for that purpose.
6-48 SECTION 13. This Act takes effect September 1, 2001.
6-49 * * * * *