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                                  * * * * *