H.B. 1826 78(R) BILL ANALYSIS
H.B. 1826
By: Hamric
Transportation
Committee Report (Unamended)
BACKGROUND AND PURPOSE
House Bill 1826 authorizes the Harris County Toll Road Authority and the
Harris County Commissioners Court to impose an administrative fee to cover
the cost of collecting unpaid tolls. In addition, HB 1826 clarifies
administrative hearing procedures for collecting unpaid tolls, establishes
a salary and expense fund for the Harris County Attorney funded by a
penalty on toll violators, and authorizes the seizure of transponders as a
remedy for unpaid toll violations.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution.
ANALYSIS
SECTION 1. Amends Subchapter C, Chapter 284, Transportation Code, by
adding Sections 284.0701 and 284.0702 as follows:
Sec. 284.0701. ADMINISTRATIVE FEE; NOTICE; OFFENSE
Section 284.0701(a):establishes, in the event of an offense committed
under Section 284.070, Transportation Code, that upon issuance of written
notice of nonpayment, the registered owner of the nonpaying vehicle is
liable for payment of both the proper toll and an administrative fee.
Section 284.0701(b):authorizes the county to impose and collect an
administrative fee not to exceed $100 in order to recover the cost of
collecting the unpaid toll; requires the county to send written notice of
nonpayment to the vehicle owner by first-class mail not later than 30 days
after the date of alleged failure to pay, and limits county's requirement
of payment to not sooner than 30 days after the date notice was mailed;
and, requires the registered owner of the vehicle to pay a separate toll
and administrative fee for each nonpayment toll.
Section 284.0701(c):creates an offense where the registered owner of a
vehicle for which the proper toll was not paid who is mailed a written
notice of nonpayment under Subsection (b) fails to pay the proper toll and
administrative fee within the time specified by the notice of nonpayment;
and, creates a separate offense for each instance of failure to pay under
this subsection.
Section 284.0701(d):establishes an exception to Subsection (a) or (c)
where the registered owner of a vehicle for which the proper toll not
paid: transferred ownership of the vehicle to another person before the
event of nonpayment under Section 284.0701 occurred, submitted written
notice of the transfer to TXDOT in accordance with Section 520.023 (Powers
and Duties of Department on Transfer of Used Vehicle), Transportation
Code, and provided to the county, within 30 days after the date notice of
nonpayment was mailed, the county name and address of the person to whom
the vehicle was transferred; authorizes the county, if the former owner
of the vehicle provides the required information within the period
prescribed, to send a notice of nonpayment to the person to whom ownership
of the vehicle was transferred within 30 days after the date of receipt of
the required information from the former owner; creates an offense where
the registered owner of a vehicle for which the proper toll was not paid
who is mailed a written notice of nonpayment under Subsection (b) fails to
pay the proper toll and administrative fee within the time specified by
the notice of nonpayment; and, creates a separate offense for each
instance of failure to pay under this subsection.
Section 284.0701(e):establishes violation a violation of this section as
a misdemeanor offense punishable by a fine not to exceed $250.
Section 284.0701(f):requires the court in which a person is convicted of
an offense under this section to also collect the proper toll and
administrative fee and forward such to the county.
Section 284.0701(g):defines "registered owner" as the owner of a vehicle
as indicated in the vehicle registration records of TXDOT or comparable
foreign agency.
Sec. 284.0702. PRIMA FACIE EVIDENCE; DEFENSE
Section 284.0702(a):authorizes in the prosecution of an offense under
Sections 284.0701 and 284.0701, Transportation Code, the use of video
recording, photograph, electronic recording, or other appropriate
evidence, including evidence obtained by automated enforcement technology.
Section 284.0702(b):establishes as prima facie evidence the contents of a
TXDOT computer record indicating that the defendant was the registered
owner of the vehicle when the underlying nonpayment of the toll event
occurred.
Section 284.0702(c):establishes as a defense to prosecution under Section
284.0701(c) or (d), proof the vehicle in question was stolen and had not
been recovered prior to when the underlying nonpayment of the toll event
occurred, but only if the theft was reported to the appropriate law
enforcement authority before the earlier of:
(1)the occurrence of nonpayment; or
(2)within eight hours after discovery of theft.
SECTION 2. Amends Section 284.202, Transportation Code, by adding
Subsection (c) as follows:
Section 284.202(c):authorizes a commissioners court by order to impose a
reasonable fee for costs associated with collecting the unpaid toll or
charge if the registered owner of the vehicle fails to pay a toll.
SECTION 3. Amends Subchapter D, Chapter 284, Transportation Code, by
adding Section 284.2031 as follows:
Sec. 284.2031. CIVIL AND CRIMINAL ENFORCEMENT FEE
Section 284.2031(a):authorizes a county to charge a fee of $1 as a cost
of court to a defendant convicted of an offense under Section 284.070,
284.0701, or 284.203. Section 284.2031(b):establishes conviction if:
(1)a sentenced is imposed on a person;
(2)the court defers final disposition of the person's case.
Section 284.2031(c):requires fees collected under Subsection (a) to be
deposited in the county treasury in a special fund to be administered by
the county or district attorney; requires expenditures from this fund to
be at the sole discretion of the applicable attorney and requires
distributions be used only to defray the salaries and expenses of the
prosecutor's office, but in no event may the applicable attorney
supplement the attorney's own salary.
SECTION 4. Amends Section 284.204, Subsections (a) and (b),
Transportation Code, as follows:
Section 284.204(a):removes a reference to an electronic toll.
Section 284.204(b):incorporates the fee structures recited in Sections
284.202 and 284.2031, Transportation Code, as added by this Act.
SECTION 5. Amends Section 284.206, Transportation Code, as follows:
Section 284.206(a):creates Subsection (a) and expands, in an
administrative hearing, the presumption of operation of the motor vehicle
to include the person who allowed the operation of the vehicle, rather
than just the person who allowed another person to operate the vehicle.
Section 284.206(b):creates Subsection (b) and establishes as prima facie
evidence the contents of a TXDOT computer record indicating that the
defendant was the registered owner of the vehicle when the underlying
nonpayment of the toll event occurred.
Section 284.206(c):authorizes as a showing of proof the use of video
recording, photograph, electronic recording, or other appropriate
evidence, including evidence obtained by automated enforcement technology.
Section 284.206(d):establishes as a defense to prosecution under
Subchapter D, Chapter 284, Transportation Code, proof the vehicle in
question was stolen and had not been recovered prior to when the
underlying nonpayment of the toll event occurred, but only if the theft
was reported to the appropriate law enforcement authority before the
earlier of:
(1)the occurrence of nonpayment; or
(2)within eight hours after discovery of theft.
SECTION 6. Amends Section 284.208(a), Transportation Code, as follows:
Section 284.208(a)(2):incorporates fees into written decision of an
administrative hearing officer.
SECTION 7. Amends Subchapter D, Chapter 284, Transportation Code, by
adding Section 284.213 as follows:
Sec. 284.213. SEIZURE OF TRANSPONDERS
Section 284.213(a):defines "transponder" as a device within a motor
vehicle capable of transmitting toll assessment information; and,
establishes a transponder as inefficiently funded where no funds remain in
the assessable account.
Section 284.213(b):authorizes any peace officer in Texas to seize a
stolen or insufficiently funded transponder and return such to the county,
except that an insufficiently funded transponder may not be seized sooner
within 30 days after the date the county has sent a notice of delinquency
to the holder of the account.
SECTION 8.
(a)This Act applies only to an offense committed on or after the effective
date of this Act; and, an offense is committed before the effective date
of this Act if any element of the offense occurs before that date.
(b)An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed.
EFFECTIVE DATE
September 1, 2003