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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of vehicle lessees for unpaid 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) an electronic document, other than a photocopy or |
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scan of a rental or lease contract, that contains the information |
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required by Sections 521.460(c)(1)-(3) covering the vehicle on the |
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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 by Subsection (d), the department may |
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send a notice of nonpayment to the lessee at the address provided in |
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the document under that subsection [shown on the contract document] |
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by 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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SECTION 2. 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-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 an electronic document provided to the department |
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under 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 |
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facie evidence of its contents and that the defendant was the lessee |
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of the vehicle when the underlying event of nonpayment under |
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Section 228.054 occurred. |
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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) an electronic document, other than a photocopy or |
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scan of a rental or lease contract, that contains the information |
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required by Sections 521.460(c)(1)-(3) covering the vehicle on the |
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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 by Subsection (d), the authority may |
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send a notice of nonpayment to the lessee at the address provided in |
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the document under that subsection [shown on the contract document] |
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by 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. Section 284.0702(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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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 an electronic document provided to the authority under |
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Section 284.0701(d) is prima facie evidence of its contents and |
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that the defendant was the lessee of the vehicle when the underlying |
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event of nonpayment under Section 284.070 occurred. |
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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 (j) 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 lessee [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 or lessee. The proof may be by testimony of a |
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peace officer or authority employee, video surveillance, or any |
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other reasonable evidence, including a copy of a rental, lease, or |
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other contract document, or an electronic document provided to the |
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authority under Subsection (i) showing that the defendant was the |
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lessee of the vehicle when the underlying event of nonpayment |
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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 [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) an electronic document, other than a photocopy or |
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scan of a rental or lease contract, that contains the information |
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required by Sections 521.460(c)(1)-(3) covering the vehicle on the |
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date of the nonpayment under this section. |
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(j) If the lessor timely provides the [required] |
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information required by Subsection (i), the lessee of the vehicle |
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on the date of the violation is considered to be the owner of the |
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vehicle for purposes of this section. The lessee is subject to |
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prosecution for failure to pay the proper toll if the authority |
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sends a notice of nonpayment to the lessee by first-class mail not |
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later than the 30th day after the date of the receipt of the |
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information from the lessor. |
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SECTION 6. Section 370.177, Transportation Code, is amended |
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by amending Subsections (e) and (i) and adding Subsection (e-1) to |
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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) an electronic document, other than a photocopy or |
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scan of a rental or lease contract, that contains the information |
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required by Sections 521.460(c)(1)-(3) covering the vehicle on the |
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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 by Subsection (e), the authority may |
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send a notice of nonpayment to the lessee at the address provided in |
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the document under that subsection [shown on the contract document] |
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by 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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(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 lessee [driver] of the |
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vehicle when the failure to pay occurred, establishes the |
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nonpayment of the registered owner or lessee. The proof may be by |
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testimony of a peace officer or authority employee, video |
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surveillance, or any other reasonable 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 an electronic document provided to the authority under |
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Subsection (e) showing that 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. The change in law made by this Act applies only |
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to a nonpayment of a toll that occurs on or after the effective date |
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of this Act. A nonpayment of a toll that occurs before the |
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effective date of this Act is covered by the law in effect when the |
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nonpayment occurred, and the former law is continued in effect for |
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that purpose. |
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SECTION 8. This Act takes effect September 1, 2009. |