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AN ACT
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relating to the electronic transmission of motor vehicle rental |
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information in connection with the payment of tolls. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 228.055, Transportation Code, is amended |
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by amending Subsection (d) and adding Subsection (d-1) to read as |
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follows: |
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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: |
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(1) a copy of the rental, lease, or other contract |
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document covering the vehicle on the date of the nonpayment under |
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Section 228.054, with the name and address of the lessee clearly |
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legible; or |
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(2) electronic data, in a format agreed on by the |
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department and the lessor, other than a photocopy or scan of a |
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rental or lease contract, that contains the information required |
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under Sections 521.460(c)(1), (2), and (3) covering the vehicle on |
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the date of the nonpayment under Section 228.054. |
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(d-1) If the lessor provides the required information |
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within the period prescribed under Subsection (d), the department |
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may send a notice of nonpayment to the lessee at the address |
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provided under Subsection (d) [shown on the contract document] by |
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first class mail before the 30th day after the date of receipt of |
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the required information from the lessor. The lessee of the |
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vehicle for which the proper toll was not paid who is mailed a |
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written notice of nonpayment under this subsection and fails to pay |
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the proper toll and administrative fee within the time specified by |
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the notice of nonpayment commits an offense. The lessee shall pay |
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a separate toll and administrative fee for each event of |
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nonpayment. Each failure to pay a toll or administrative fee under |
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this subsection is a separate offense. |
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SECTION 2. Sections 228.056(b) and (c), Transportation |
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Code, are 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-1) [(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; and |
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(3) a copy of the rental, lease, or other contract |
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document, or the electronic data provided to the department under |
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Section 228.055(d), covering the vehicle on the date of the |
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underlying event of nonpayment under Section 228.054 is prima facie |
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evidence of its contents and that the defendant was the lessee of |
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the vehicle when the underlying event of nonpayment under Section |
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228.054 occurred. |
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(c) It is a defense to prosecution under Section 228.055(c), |
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(d-1) [(d)], or (e) that the motor vehicle in question was stolen |
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before the failure to pay the proper toll occurred and had not been |
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recovered before the failure to pay occurred, but only if the theft |
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was reported to the appropriate law enforcement authority before |
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the earlier of: |
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(1) the occurrence of the failure to pay; or |
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(2) eight hours after the discovery of the theft. |
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SECTION 3. Section 284.0701, Transportation Code, is |
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amended by amending Subsection (d) and adding Subsection (d-1) to |
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read as follows: |
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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 authority: |
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(1) a copy of the rental, lease, or other contract |
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document covering the vehicle on the date of the nonpayment under |
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Section 284.070, with the name and address of the lessee clearly |
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legible; or |
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(2) electronic data, other than a photocopy or scan of |
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a rental or lease contract, that contains the information required |
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under Sections 521.460(c)(1), (2), and (3) covering the vehicle on |
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the date of the nonpayment under Section 284.070. |
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(d-1) If the lessor provides the required information |
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within the period prescribed under Subsection (d), the authority |
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may send a notice of nonpayment to the lessee at the address |
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provided under Subsection (d) [shown on the contract document] by |
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first class mail before the 30th day after the date of receipt of |
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the required information from the lessor. The lessee of the vehicle |
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for which the proper toll was not paid who is mailed a written |
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notice of nonpayment under this subsection and fails to pay the |
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proper toll and administrative cost within the time specified by |
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the notice of nonpayment commits an offense. The lessee shall pay a |
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separate toll and administrative cost for each event of nonpayment. |
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Each failure to pay a toll or administrative cost under this |
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subsection is a separate offense. |
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SECTION 4. Sections 284.0702(b) and (c), Transportation |
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Code, are amended to read as follows: |
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(b) In the prosecution of an offense under Section |
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284.0701(c), (d-1) [(d)], or (e): |
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(1)[,] 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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284.070 occurred; and |
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(2) a copy of the rental, lease, or other contract |
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document, or the electronic data provided to the authority under |
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Section 284.0701(d), covering the vehicle on the date of the |
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underlying event of nonpayment under Section 284.070 is prima facie |
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evidence of its contents and that the defendant was the lessee of |
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the vehicle when the underlying event of nonpayment under Section |
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284.070 occurred. |
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(c) It is a defense to prosecution under Section |
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284.0701(c), (d-1) [(d)], or (e) that the vehicle in question was |
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stolen before the failure to pay the proper toll occurred and had |
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not been recovered before the failure to pay occurred, but only if |
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the theft was reported to the appropriate law enforcement authority |
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before the earlier of: |
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(1) the occurrence of the failure to pay; or |
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(2) eight hours after the discovery of the theft. |
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SECTION 5. Section 366.178, Transportation Code, is amended |
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by amending Subsections (f) and (i) and adding Subsection (i-1) to |
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read as follows: |
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(f) In the prosecution of a violation for nonpayment, proof |
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that the vehicle passed through a toll collection facility without |
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payment of the proper toll together with proof that the defendant |
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was the registered owner or the driver of the vehicle when the |
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failure to pay occurred, establishes the nonpayment of the |
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registered owner. The proof may be by testimony of a peace officer |
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or authority employee, video surveillance, or any other reasonable |
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evidence, including a copy of the rental, lease, or other contract |
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document or the electronic data provided to the authority under |
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Subsection (i) that shows the defendant was the lessee of the |
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vehicle when the underlying event of nonpayment occurred. |
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(i) A registered owner who is the lessor of a vehicle for |
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which a notice of nonpayment has been issued is not liable if, not |
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later than the 30th day after the date the notice of nonpayment is |
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mailed, the registered owner provides to the authority: |
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(1) a copy of the rental, lease, or other contract |
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document [lease agreement] covering the vehicle on the date of the |
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nonpayment, with the[. The] name and address of the lessee [must
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be] clearly legible; or |
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(2) electronic data, other than a photocopy or scan of |
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a rental or lease contract, that contains the information required |
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under Sections 521.460(c)(1), (2), and (3) covering the vehicle on |
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the date of the nonpayment under this section. |
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(i-1) If the lessor timely provides the required |
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information under Subsection (i), the lessee of the vehicle on the |
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date of the violation is considered to be the owner of the vehicle |
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for purposes of this section. The lessee is subject to prosecution |
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for failure to pay the proper toll if the authority sends a notice |
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of nonpayment to the lessee by first-class mail not later than the |
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30th day after the date of the receipt of the information from the |
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lessor. |
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SECTION 6. Section 370.177, Transportation Code, is amended |
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by amending Subsections (e), (g), and (i) and adding Subsection |
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(e-1) to read as follows: |
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(e) It is an exception to the application of Subsection (b) |
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or (d) that 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 authority: |
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(1) a copy of the rental, lease, or other contract |
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document covering the vehicle on the date of the nonpayment under |
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Subsection (a), with the name and address of the lessee clearly |
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legible; or |
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(2) electronic data, other than a photocopy or scan of |
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a rental or lease contract, that contains the information required |
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under Sections 521.460(c)(1), (2), and (3) covering the vehicle on |
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the date of the nonpayment under Subsection (a). |
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(e-1) If the lessor provides the required information |
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within the period prescribed under Subsection (e), the authority |
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may send a notice of nonpayment to the lessee at the address |
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provided under Subsection (e) [shown on the contract document] by |
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first class mail before the 30th day after the date of receipt of |
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the required information from the lessor. The lessee of the vehicle |
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for which the proper toll was not paid who is mailed a written |
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notice of nonpayment under this subsection and fails to pay the |
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proper toll and administrative fee within the time specified by the |
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notice of nonpayment commits an offense. The lessee shall pay a |
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separate toll and administrative fee for each event of nonpayment. |
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Each failure to pay a toll or administrative fee under this |
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subsection is a separate offense. |
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(g) An offense under Subsection (d), (e-1) [(e)], or (f) is |
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a misdemeanor punishable by a fine not to exceed $250. |
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(i) In the prosecution of an offense under this section, |
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proof that the vehicle passed through a toll collection facility |
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without payment of the proper toll together with proof that the |
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defendant was the registered owner or the driver of the vehicle when |
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the failure to pay occurred, establishes the nonpayment of the |
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registered owner. The proof may be by testimony of a peace officer |
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or authority employee, video surveillance, or any other reasonable |
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evidence, including: |
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(1) evidence obtained by automated enforcement |
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technology that the authority determines is necessary, including |
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automated enforcement technology described by Sections 228.058(a) |
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and (b); or |
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(2) a copy of the rental, lease, or other contract |
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document or the electronic data provided to the authority under |
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Subsection (e) that shows the defendant was the lessee of the |
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vehicle when the underlying event of nonpayment occurred. |
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SECTION 7. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2983 was passed by the House on April |
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22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2983 on May 23, 2009, by the following vote: Yeas 138, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2983 was passed by the Senate, with |
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amendments, on May 21, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |