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A BILL TO BE ENTITLED
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AN ACT
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relating to toll collection and enforcement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 223.208, Transportation Code, is amended |
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by adding Subsection (i) to read as follows: |
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(i) If the department enters into a comprehensive |
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development agreement with a private participant that includes the |
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imposition and collection by the private participant of tolls for |
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the use of a toll project, the private participant has, with regard |
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to toll collection and enforcement for that toll project, the same |
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powers and duties as the department has under Subchapter B, Chapter |
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228. |
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SECTION 2. Section 228.054(a), Transportation Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (e) or Section |
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228.0545, the operator of a vehicle, other than an authorized |
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emergency vehicle, that is driven or towed through a toll |
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collection facility shall pay the proper toll. |
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SECTION 3. Subchapter B, Chapter 228, Transportation Code, |
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is amended by adding Section 228.0545 to read as follows: |
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Sec. 228.0545. ALTERNATIVE TOLLING METHODS. (a) As an |
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alternative to requiring payment of a toll at the time a vehicle is |
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driven or towed through a toll collection facility, the department |
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may use video billing or other tolling methods to permit the |
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registered owner of the vehicle to pay the toll at a later date. The |
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toll charged for video billing or other tolling methods may be |
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different from the toll paid at the time the vehicle is driven or |
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towed through a toll collection facility. |
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(b) The department may use automated enforcement technology |
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authorized under Section 228.058 to identify the registered owner |
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of the vehicle for purposes of billing, collection, and enforcement |
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activities. |
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(c) The department shall send by first class mail to the |
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registered owner of the vehicle a written notice of the total amount |
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due. The notice must specify the date, which may not be earlier |
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than the 15th day after the date the notice is mailed, by which the |
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amount due must be paid. The registered owner shall pay the amount |
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due on or before the date specified in the notice. |
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(d) The department shall send the notice required under |
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Subsection (c) and subsequent notices to: |
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(1) the registered owner's address as shown in the |
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vehicle registration records of the department; or |
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(2) if the department determines that the owner's |
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address shown in those records is inaccurate, an alternate address |
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provided by the owner or derived through other reliable means. |
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SECTION 4. Sections 228.055(a), (b), (d), (e), and (h), |
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Transportation Code, are amended to read as follows: |
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(a) In the event of nonpayment of the [proper] toll as |
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required by Section 228.054 or Section 228.0545, on issuance of a |
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written notice of nonpayment, the registered owner of the nonpaying |
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vehicle is liable for the payment of both the proper toll and an |
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administrative fee. |
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(b) The department may impose and collect the |
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administrative fee, so as to recover the cost of collecting the |
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unpaid toll, not to exceed $100. The department shall send a |
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written notice of nonpayment to the registered owner of the vehicle |
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at that owner's address as shown in the vehicle registration |
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records of the department by first class mail and may require |
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payment not sooner than the 30th day after the date the notice was |
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mailed. If the department determines that the owner's address as |
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shown in the vehicle registration records is inaccurate, the |
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department may send the notice of nonpayment to an alternate |
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address provided by the owner or derived through other reliable |
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means. The department may use the alternate address in lieu of the |
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address of record on all subsequent notices of nonpayment. The |
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registered owner shall pay a separate toll and administrative fee |
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for each event of nonpayment under Section 228.054 or Section |
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228.0545. |
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(d) It is an exception to the application of Subsection (a) |
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or (c) if the registered owner of the vehicle is a lessor of the |
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vehicle and not later than the 30th day after the date the notice of |
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nonpayment is mailed provides to the department a copy of the |
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rental, lease, or other contract document covering the vehicle on |
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the date of the nonpayment under Section 228.054 or the date the |
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vehicle was driven or towed through a toll collection facility that |
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results in a notice issued under Section 228.0545, with the name and |
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address of the lessee clearly legible. If the lessor provides the |
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required information within the period prescribed, the department |
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may send a notice of nonpayment to the lessee at the address shown |
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on the contract document by first class mail before the 30th day |
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after the date of receipt of the required information from the |
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lessor. The lessee of the vehicle for which the proper toll was not |
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paid who is mailed a written notice of nonpayment under this |
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subsection and fails to pay the proper toll and administrative fee |
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within the time specified by the notice of nonpayment commits an |
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offense. The lessee shall pay a separate toll and administrative |
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fee for each event of nonpayment. Each failure to pay a toll or |
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administrative fee under this subsection is a separate offense. |
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(e) It is an exception to the application of Subsection (a) |
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or (c) if the registered owner of the vehicle transferred ownership |
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of the vehicle to another person before the event of nonpayment |
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under Section 228.054 occurred or before the date the vehicle was |
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driven or towed through a toll collection facility that results in a |
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notice issued under Section 228.0545, submitted written notice of |
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the transfer to the department in accordance with Section 520.023, |
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and, before the 30th day after the date the notice of nonpayment is |
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mailed, provides to the department the name and address of the |
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person to whom the vehicle was transferred. If the former owner of |
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the vehicle provides the required information within the period |
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prescribed, the department may send a notice of nonpayment to the |
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person to whom ownership of the vehicle was transferred at the |
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address provided by the former owner by first class mail before the |
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30th day after the date of receipt of the required information from |
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the former owner. The department may send all subsequent notices of |
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nonpayment associated with the vehicle to the person to whom |
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ownership of the vehicle was transferred at the address provided by |
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the former owner or an alternate address provided by the subsequent |
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owner or derived through other reliable means. The subsequent |
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owner of the vehicle for which the proper toll was not paid who is |
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mailed a written notice of nonpayment under this subsection and |
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fails to pay the proper toll and administrative fee within the time |
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specified by the notice of nonpayment commits an offense. The |
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subsequent owner shall pay a separate toll and administrative fee |
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for each event of nonpayment under Section 228.054 or Section |
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228.0545. Each failure to pay a toll or administrative fee under |
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this subsection is a separate offense. |
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(h) In this section and in Section 228.0545, "registered |
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owner" means the owner of a vehicle as shown on the vehicle |
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registration records of the department or the analogous department |
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or agency of another state or country. |
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SECTION 5. Section 228.056(b), Transportation Code, is |
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amended to read as follows: |
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(b) In the prosecution of an offense under Section |
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228.055(c), (d), or (e): |
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(1) it is presumed that the notice of nonpayment was |
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received on the fifth day after the date of mailing; |
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(2) a computer record of the department of the |
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registered owner of the vehicle is prima facie evidence of its |
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contents and that the defendant was the registered owner of the |
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vehicle when the underlying event of nonpayment under Section |
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228.054 occurred or on the date the vehicle was driven or towed |
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through a toll collection facility that results in a notice issued |
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under Section 228.0545; and |
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(3) a copy of the rental, lease, or other contract |
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document covering the vehicle on the date of the underlying event of |
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nonpayment under Section 228.054 or on the date the vehicle was |
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driven or towed through a toll collection facility that results in a |
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notice issued under Section 228.0545 is prima facie evidence of its |
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contents and that the defendant was the lessee of the vehicle when |
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the underlying event of nonpayment under Section 228.054 occurred |
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or when the vehicle was driven or towed through a toll collection |
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facility that results in a notice issued under Section 228.0545. |
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SECTION 6. Section 228.057, Transportation Code, is amended |
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by adding Subsections (g) and (h) to read as follows: |
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(g) The department may, following closure of an electronic |
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toll collection customer account and at the request of the account |
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holder, refund the balance of funds in the account after |
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satisfaction of any outstanding tolls and fees. |
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(h) The department may enter into an agreement with a |
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governmental or private entity regarding the use of a transponder |
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issued by the department and the corresponding electronic toll |
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collection customer account to pay for parking services offered by |
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the entity. |
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SECTION 7. Section 228.058(b), Transportation Code, is |
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amended to read as follows: |
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(b) Automated enforcement technology approved by the |
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department under Subsection (a) may be used only for the purpose of |
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producing, depicting, photographing, or recording an image that |
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depicts that portion of a vehicle necessary to establish the |
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classification of vehicle and the proper toll to be charged, the |
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license plate number, and the state of registration, including an |
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image: |
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(1) of a license plate attached to the front or rear of |
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a vehicle; and |
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(2) showing the vehicle dimensions, the presence of a |
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trailer, and the number of axles. |
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SECTION 8. Subchapter D, Chapter 502, Transportation Code, |
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is amended by adding Section 502.189 to read as follows: |
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Sec. 502.189. PROHIBITION ON REGISTRATION OF VEHICLE FOR |
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NONPAYMENT OF TOLL OR ADMINISTRATIVE FEE. The department or a |
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county assessor-collector may not register a motor vehicle if: |
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(1) the owner of the vehicle owes, to the department or |
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a private entity with which the department contracts to operate a |
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toll project, money for an unpaid toll or an administrative fee |
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assessed under Section 228.055; and |
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(2) payment of the unpaid toll or administrative fee |
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is overdue in accordance with Section 228.055. |
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SECTION 9. Subchapter O, Chapter 521, Transportation Code, |
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is amended by adding Section 521.352 to read as follows: |
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Sec. 521.352. AUTOMATIC SUSPENSION FOR OFFENSE RELATING TO |
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NONPAYMENT OF TOLL OR ADMINISTRATIVE FEE. (a) A person's driver's |
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license is automatically suspended on final conviction of an |
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offense under Section 228.055. |
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(b) The department may not issue a driver's license to a |
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person convicted of an offense under Section 228.055 who, on the |
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date of the conviction, did not hold a driver's license. |
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(c) The period of suspension or denial under this section |
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ends on the date on which the convicting court reports to the |
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department that the person has paid to the court the proper toll and |
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administrative fee that was the basis for the conviction under |
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Section 228.055. |
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SECTION 10. The change in law made by this Act in adding |
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Section 521.352, Transportation Code, applies only to a conviction |
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of an offense under Section 228.055, Transportation Code, as |
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amended by this Act, committed on or after September 1, 2007. For |
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purposes of this section, an offense is committed before September |
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1, 2007, if any element of the offense was committed before that |
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date. |
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SECTION 11. (a) Except as provided by Subsection (b), this |
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Act takes effect immediately if it receives a vote of two-thirds of |
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all the members elected to each house, as provided by Section 39, |
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Article III, Texas Constitution. If this Act does not receive the |
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vote necessary for immediate effect, this Act takes effect |
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September 1, 2007. |
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(b) Section 521.352, Transportation Code, as added by this |
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Act, takes effect September 1, 2007. |