79R2925 JD-D
By: Krusee H.B. No. 2666
A BILL TO BE ENTITLED
AN ACT
relating to the criminal and civil enforcement of the required
payment of a toll for the use of certain turnpike projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.252, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) If authorized by the commissioners court of the county
the magistrate serves, a magistrate appointed under Chapter 54,
Government Code, who is otherwise without criminal jurisdiction
over a misdemeanor offense punishable by fine only has concurrent
jurisdiction with a justice court or municipal court in the county
in which the magistrate serves over an offense under this section.
SECTION 2. Subchapter G, Chapter 361, Transportation Code,
is amended by adding Sections 361.257 and 361.258 to read as
follows:
Sec. 361.257. ORDERS OF PROHIBITION. (a) The director or a
person designated for the director by order may prohibit the
operation of a motor vehicle on a turnpike project operated by the
authority under this chapter if:
(1) an operator of the vehicle has failed to pay a
required toll or charge; and
(2) the director or designated person provides the
registered owner of the vehicle with notice of the unpaid toll or
charge.
(b) The notice required by Subsection (a)(2) must be sent by
first class mail to the registered owner of the vehicle at least 10
days before the date the prohibition takes effect.
(c) If the registered owner of the vehicle fails to pay the
toll or charge described in the notice not later than the 10th day
after the notice under Subsection (b) is mailed, the director or
designated person by order may impose an additional cost against
the owner for expenses associated with collecting the unpaid toll
or charge.
(d) The commission by rule shall establish the amount of the
cost authorized by Subsection (c) in an amount that is reasonable
and does not exceed the expenses associated with the collection of
unpaid tolls and charges under this chapter.
Sec. 361.258. ADMINISTRATIVE ADJUDICATION HEARING
PROCEDURE. (a) The commission may adopt an administrative
adjudication hearing procedure for the owner of a vehicle that is
believed to have been operated in violation of an order adopted
under Section 361.257(a) on at least two separate occasions within
a 12-month period.
(b) A hearing procedure adopted under Subsection (a):
(1) must provide for notice to be sent by first class
mail to the owner of the vehicle involved in the violations of the
order;
(2) must inform the owner of the vehicle that the owner
may:
(A) pay the toll or charge; or
(B) request an administrative hearing; and
(3) may provide that a requested administrative
hearing be conducted by:
(A) a hearing officer appointed by the director
who shall have authority to administer oaths and issue orders
compelling the attendance of witnesses and the production of
documents; or
(B) except as provided by Subsection (c), a
magistrate appointed under Chapter 54, Government Code, in any
county in which a violation of the order is alleged to have
occurred.
(c) A magistrate may conduct an administrative hearing
under this section only if the commissioners court of the county in
which the magistrate serves authorizes magistrates in that county,
or certain magistrates in that county, to conduct hearings under
this section.
(d) If the commission adopts an administrative adjudication
hearing procedure under this section, Sections 284.205-284.212
apply as if the authority were a county to which Chapter 284
applies.
(e) In addition to the manner of enforcement provided by
Section 284.209, if the person found liable holds a driver's
license or commercial driver's license issued by the Department of
Public Safety, a hearing officer or magistrate may enforce a
decision issued under Section 284.208 by issuing an order directing
the department to suspend the person's driver's license or
commercial driver's license until the hearing officer or magistrate
notifies the department that the person has complied with the
order.
SECTION 3. Section 370.177, Transportation Code, is amended
by adding Subsection (l) to read as follows:
(l) If authorized by the commissioners court of the county
the magistrate serves, a magistrate appointed under Chapter 54,
Government Code, who is otherwise without criminal jurisdiction
over a misdemeanor offense punishable by fine only has concurrent
jurisdiction with a justice court or municipal court in the county
in which the magistrate serves over an offense under this section.
SECTION 4. Subchapter E, Chapter 370, Transportation Code,
is amended by adding Section 370.1775 to read as follows:
Sec. 370.1775. ORDERS OF PROHIBITION; ADMINISTRATIVE
ADJUDICATION HEARING PROCEDURE. The board, by official action in
the manner required by this chapter, may adopt the provisions of
Sections 361.257 and 361.258. If the board adopts the provisions of
those sections, a reference in those sections to:
(1) the Texas Turnpike Authority division of the Texas
Department of Transportation means the authority;
(2) the Texas Transportation Commission means the
board; and
(3) the executive director of the Texas Department of
Transportation means the chief administrative officer of the
authority.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.