78R6087 JRJ-F
By: Hamric H.B. No. 1826
A BILL TO BE ENTITLED
AN ACT
relating to enforcement of the collection of certain tolls;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 284, Transportation Code,
is amended by adding Sections 284.0701 and 284.0702 to read as
follows:
Sec. 284.0701. ADMINISTRATIVE FEE; NOTICE; OFFENSE. (a)
In the event of an offense committed under Section 284.070, on
issuance of a written notice of nonpayment, the registered owner of
the nonpaying vehicle is liable for the payment of both the proper
toll and an administrative fee.
(b) The county may impose and collect the administrative
fee, so as to recover the cost of collecting the unpaid toll, not to
exceed $100. The county shall send a written notice of nonpayment
to the registered owner of the vehicle at that owner's address as
shown in the vehicle registration records of the department by
first-class mail not later than the 30th day after the date of the
alleged failure to pay and may require payment not sooner than the
30th day after the date the notice was mailed. The registered owner
shall pay a separate toll and administrative fee for each event of
nonpayment under Section 284.070.
(c) 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) and fails to pay the proper toll and administrative
fee within the time specified by the notice of nonpayment commits an
offense. Each failure to pay a toll or administrative fee under
this subsection is a separate offense.
(d) It is an exception to the application of Subsection (a)
or (c) if the registered owner of the vehicle transferred ownership
of the vehicle to another person before the event of nonpayment
under Section 284.070 occurred, submitted written notice of the
transfer to the department in accordance with Section 520.023, and
before the 30th day after the date the notice of nonpayment is
mailed, provides to the county the name and address of the person to
whom the vehicle was transferred. If the former owner of the
vehicle provides the required information within the period
prescribed, the county may send a notice of nonpayment to the person
to whom ownership of the vehicle was transferred at the address
provided by the former owner by first-class mail before the 30th day
after the date of receipt of the required information from the
former owner. The subsequent owner of the vehicle for which the
proper toll was not paid who is mailed a written notice of
nonpayment under this subsection and fails to pay the proper toll
and administrative fee within the time specified by the notice of
nonpayment commits an offense. The subsequent owner shall pay a
separate toll and administrative fee for each event of nonpayment
under Section 284.070. Each failure to pay a toll or administrative
fee under this subsection is a separate offense.
(e) An offense under this section is a misdemeanor
punishable by a fine not to exceed $250.
(f) The court in which a person is convicted of an offense
under this section shall also collect the proper toll and
administrative fee and forward the toll and fee to the county.
(g) In this section, "registered owner" means the owner of a
vehicle as shown on the vehicle registration records of the
department or the analogous department or agency of another state
or country.
Sec. 284.0702. PRIMA FACIE EVIDENCE; DEFENSE. (a) In the
prosecution of an offense under Section 284.070 or 284.0701, proof
that the vehicle was driven or towed through the toll collection
facility without payment of the proper toll may be shown by a video
recording, photograph, electronic recording, or other appropriate
evidence, including evidence obtained by automated enforcement
technology.
(b) In the prosecution of an offense under Section
284.0701(c) or (d), a computer record of the department of the
registered owner of the vehicle is prima facie evidence of its
contents and that the defendant was the registered owner of the
vehicle when the underlying event of nonpayment under Section
284.070 occurred.
(c) It is a defense to prosecution under Section 284.0701(c)
or (d) that the vehicle in question was stolen before the failure to
pay the proper toll occurred and had not been recovered before the
failure to pay occurred, but only if the theft was reported to the
appropriate law enforcement authority before the earlier of:
(1) the occurrence of the failure to pay; or
(2) eight hours after the discovery of the theft.
SECTION 2. Section 284.202, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) If the registered owner of the vehicle fails to pay a
toll or charge not later than the 10th day after the notice under
Subsection (b) is mailed, the commissioners court by order may
impose a reasonable fee for costs associated with collecting the
unpaid toll or charge.
SECTION 3. Subchapter D, Chapter 284, Transportation Code,
is amended by adding Section 284.2031 to read as follows:
Sec. 284.2031. CIVIL AND CRIMINAL ENFORCEMENT FEE. (a) A
county may 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
in an action brought by the county or district attorney.
(b) In this section, a person is considered convicted if:
(1) a sentence is imposed on the person; or
(2) the court defers final disposition of the person's
case.
(c) Fees collected under Subsection (a) shall be deposited
in the county treasury in a special fund to be administered by the
county attorney or district attorney. Expenditures from this fund
shall be at the sole discretion of the attorney and may be used only
to defray the salaries and expenses of the prosecutor's office, but
in no event may the county attorney or district attorney supplement
his or her own salary from this fund.
SECTION 4. Sections 284.204(a) and (b), Transportation
Code, are amended to read as follows:
(a) The commissioners court of a county may adopt an
administrative adjudication hearing procedure for a person who is
suspected of having violated an order adopted under Section
284.202(a) on at least two separate occasions within a 12-month
period [in connection with a toll to be paid by electronic means].
(b) A hearing procedure adopted under Subsection (a) must
provide:
(1) a period for a person charged with violating the
order:
(A) to pay the toll or charge plus administrative
costs and fees authorized by Sections 284.202 and 284.2031; or
(B) to request a hearing;
(2) for appointment of one or more hearing officers
with authority to administer oaths and issue orders compelling the
attendance of witnesses and the production of documents; and
(3) for the amount and disposition of civil fines,
costs, and fees.
SECTION 5. Section 284.206, Transportation Code, is amended
to read as follows:
Sec. 284.206. ADMINISTRATIVE HEARING: PRESUMPTION;
EVIDENCE OF OWNERSHIP. (a) In an administrative adjudication
hearing under this subchapter it is presumed that[:
[(1)] the registered owner of the motor vehicle that
is the subject of the hearing is the person who operated or allowed
the operation of [another person to operate] the motor vehicle in
violation of the order.[; and]
(b) A [(2) a] computer record of the department of the
registered vehicle owner is prima facie evidence of its contents
and that the defendant was the registered owner of the vehicle at
the time the violation occurred.
(c) Proof of the violation of the order may be shown by a
video recording, photograph, electronic recording, or other
appropriate evidence, including evidence obtained by automated
enforcement technology.
(d) It is a defense to prosecution under this subchapter
that the vehicle in question was stolen before the failure to pay
the proper toll occurred and had not been recovered before the
failure to pay occurred, but only if the theft was reported to the
appropriate law enforcement authority before the earlier of:
(1) the occurrence of the failure to pay; or
(2) eight hours after the discovery of the theft.
SECTION 6. Section 284.208(a), Transportation Code, is
amended to read as follows:
(a) The hearing officer shall issue a decision stating:
(1) whether the person charged is liable for a
violation of the order; and
(2) the amount of the fine, [and] costs, and fees to be
assessed against the person.
SECTION 7. Subchapter D, Chapter 284, Transportation Code,
is amended by adding Section 284.213 to read as follows:
Sec. 284.213. SEIZURE OF TRANSPONDERS. (a) For purposes of
this section, "transponder" means a device, placed on or within a
motor vehicle, that is capable of transmitting information used to
assess or to collect tolls. A transponder is insufficiently funded
when there are no remaining funds in the account in connection with
which the transponder was issued.
(b) Any peace officer of this state may seize a stolen or
insufficiently funded transponder and return it to the county,
except that an insufficiently funded transponder may not be seized
sooner than the 30th day after the date the county has sent a notice
of delinquency to the holder of the account.
SECTION 8. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, 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 covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2003.