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A BILL TO BE ENTITLED
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AN ACT
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relating to remedies for nonpayment of tolls of Texas Department of |
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Transportation toll projects; authorizing a fee and certain |
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investigative and court costs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 228, Transportation Code, |
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is amended by adding Sections 228.060, 228.061, and 228.062 to read |
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as follows: |
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Sec. 228.060. PUBLICATION OF NONPAYING VEHICLE |
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INFORMATION. Notwithstanding the confidentiality of electronic |
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toll collection customer account information under Section |
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228.057(e), the department may publish a list of the names of the |
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registered owners or lessees of nonpaying vehicles who at the time |
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of publication are liable for the payment of a past due and unpaid |
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toll or administrative fee. The list may include only the persons' |
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names and, for each person listed: |
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(1) the city and state of the person's residence; |
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(2) the total number of events of nonpayment under |
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Section 228.054 or 228.0545; and |
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(3) the total amount due for the tolls and |
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administrative fees. |
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Sec. 228.061. TOLL VIOLATION PAYMENT PLAN. The department |
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may enter into an agreement with the registered owner of a vehicle |
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allowing the person to pay the total amount of outstanding tolls and |
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administrative fees over a specified period. The agreement must be |
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in writing and specify the amount due for tolls and administrative |
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fees, the duration of the agreement, and the amount of each payment. |
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Sec. 228.062. DEFAULT; SUIT TO RECOVER OUTSTANDING BALANCE |
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DUE. (a) If the registered owner of the vehicle fails to comply |
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with the terms of an agreement described by Section 228.061, the |
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department may send by first class mail to the person at the address |
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shown on the agreement a written notice demanding payment of the |
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outstanding balance due. |
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(b) If the registered owner fails to pay the outstanding |
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balance due on or before the 30th day after the date on which the |
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notice is mailed, the department may refer the matter to the |
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attorney general for suit or collection. |
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(c) The attorney general may file suit in a district court |
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in Travis County to recover the outstanding balance due. The |
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attorney general may recover reasonable attorney's fees, |
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investigative costs, and court costs incurred on behalf of the |
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department in the proceeding in the same manner as provided by |
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general law for a private litigant. |
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SECTION 2. Chapter 228, Transportation Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. HABITUAL VIOLATOR REMEDIES |
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Sec. 228.301. HABITUAL VIOLATOR. (a) For purposes of this |
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subchapter, a habitual violator is a registered owner of a vehicle |
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who the department determines: |
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(1) was issued at least two written notices of |
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nonpayment in accordance with Section 228.055 for 100 or more |
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events of nonpayment under Section 228.054 or 228.0545 within a |
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period of one year; and |
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(2) has not paid in full the total amount due for tolls |
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and administrative fees under those notices. |
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(b) If the department makes a determination under |
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Subsection (a), the department shall give written notice to the |
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person at: |
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(1) the person's address as shown in the vehicle |
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registration records of the Texas Department of Motor Vehicles or |
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the analogous department or agency of another state or country; or |
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(2) an alternate address provided by the person or |
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derived through other reliable means. |
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(c) The notice must: |
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(1) be sent by first class mail and is presumed |
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received on the fifth day after the date the notice is mailed; and |
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(2) state: |
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(A) the total number of events of nonpayment |
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under Section 228.054 or 228.0545 and the total amount due for tolls |
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and administrative fees; |
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(B) the date of the determination under |
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Subsection (a); |
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(C) the right of the person to request a hearing |
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on the determination; and |
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(D) the procedure for requesting a hearing, |
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including the period during which the request must be made. |
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(d) If not later than the 30th day after the date on which |
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the person is presumed to have received the notice the department |
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receives a written request for a hearing, a hearing shall be held as |
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provided by Section 228.302. A hearing request received within the |
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period provided by this subsection stays the effect of the |
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department's determination until the date of the final decision of |
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the justice of the peace under Section 228.302. |
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(e) If the person does not request a hearing within the |
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period provided by Subsection (d), the department's determination |
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becomes final on the expiration of that period. |
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Sec. 228.302. HEARING. (a) A justice court has |
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jurisdiction to conduct a hearing in accordance with this section. |
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(b) A hearing requested under Section 228.301 shall be |
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conducted in a justice court: |
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(1) in the county in which the toll collection |
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facilities where the events of nonpayment occurred are located; or |
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(2) if events of nonpayment occurred in more than one |
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county, the county in which the toll collection facilities where a |
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majority of the events of nonpayment occurred are located. |
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(c) The justice of the peace is entitled to receive a fee not |
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to exceed $100 for conducting the hearing. The party that does not |
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prevail under the justice's finding under Subsection (f) is liable |
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for payment of the fee. |
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(d) The issues that must be proven at the hearing by a |
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preponderance of the evidence are: |
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(1) whether the registered owner was issued at least |
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two written notices of nonpayment in accordance with Section |
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228.055 for 100 or more events of nonpayment under Section 228.054 |
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or 228.0545 within a period of one year; and |
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(2) whether the total amount due for tolls and |
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administrative fees specified in those notices was not paid in full |
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by the dates specified in the notices and remains not fully paid. |
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(e) Proof under Subsection (d) may be by oral testimony, |
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documentary evidence, video surveillance, or any other reasonable |
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evidence. |
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(f) If the justice of the peace finds in the affirmative on |
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each issue in Subsection (d), the department's determination that |
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the registered owner is a habitual violator is sustained and |
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becomes final. If the justice does not find in the affirmative on |
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each issue in Subsection (d), the department shall rescind its |
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determination under Section 228.301. Rescission of the |
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determination under Section 228.301 does not limit the department's |
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authority to pursue collection of the outstanding tolls and |
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administrative fees in accordance with Section 228.055. |
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(g) A registered owner who requests a hearing and fails to |
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appear without just cause waives the right to a hearing and the |
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department's determination is final. |
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Sec. 228.303. APPEAL. (a) A registered owner may appeal the |
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justice of the peace's decision by filing a petition not later than |
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the 30th day after the date on which the decision is rendered: |
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(1) in the county court at law of the county in which |
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the justice of the peace precinct is located; or |
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(2) if there is no county court at law in that county, |
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in the county court. |
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(b) The registered owner must send a file-stamped copy of |
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the petition, certified by the clerk of the court, to the department |
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by certified mail. |
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(c) The court shall notify the department of the hearing not |
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later than the 31st day before the date the court sets for the |
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hearing. |
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(d) A trial on appeal is a trial de novo. |
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Sec. 228.304. PERIOD DETERMINATION IS EFFECTIVE. (a) A |
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final determination under Section 228.301 or 228.302 that a person |
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is a habitual violator remains in effect until: |
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(1) the total amount due for the person's tolls and |
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administrative fees is paid; or |
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(2) the department, in its sole discretion, determines |
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that the amount has been otherwise addressed. |
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(b) When a determination terminates, the department |
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immediately shall send notice of the termination: |
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(1) to the registered owner who is the subject of the |
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determination; and |
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(2) if the department provided notice to a county |
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assessor-collector or the Texas Department of Motor Vehicles under |
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Section 502.011, to that county assessor-collector or the Texas |
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Department of Motor Vehicles, as appropriate. |
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Sec. 228.305. DENIAL OF VEHICLE REGISTRATION. After a |
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final determination under Section 228.301 or 228.302 that the |
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registered owner of the vehicle is a habitual violator, the |
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department may report the determination to a county-assessor |
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collector or the Texas Department of Motor Vehicles in order to |
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cause the denial of registration of the owner's vehicle, as |
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provided by Section 502.011. |
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SECTION 3. Subchapter A, Chapter 502, Transportation Code, |
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is amended by adding Section 502.011 to read as follows: |
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Sec. 502.011. REFUSAL TO REGISTER VEHICLE FOR NONPAYMENT OF |
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TOLL OR ADMINISTRATIVE FEE. A county assessor-collector or the |
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department shall refuse to register or renew the registration of a |
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motor vehicle if the county assessor-collector or department has |
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received written notice from the Texas Department of Transportation |
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that the owner of the vehicle has been finally determined to be a |
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habitual violator under Section 228.301 or 228.302 and has not |
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received notice that the determination has terminated. |
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SECTION 4. Subchapter B, Chapter 103, Government Code, is |
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amended by adding Section 103.0321 to read as follows: |
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Sec. 103.0321. MISCELLANEOUS FEES AND COSTS: TRANSPORTATION |
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CODE. A reasonable fee not to exceed $100 may be collected under |
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Section 228.302(c), Transportation Code, as court costs for |
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determining whether a person is a habitual violator for purposes of |
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Subchapter G, Chapter 228, Transportation Code. |
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SECTION 5. In making a determination that a person is a |
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habitual violator under Section 228.301(a), Transportation Code, |
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as added by this Act, the Texas Department of Transportation may |
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include consideration of any events of nonpayment under Section |
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228.054 or 228.0545, Transportation Code, including events of |
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nonpayment that occurred before the effective date of this Act. |
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SECTION 6. This Act takes effect January 1, 2014. |