|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to toll collections and the imposition of administrative |
|
fees and civil penalties for past-due tolls; eliminating certain |
|
criminal offenses. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
ARTICLE 1. PAYMENT OF TOLLS |
|
SECTION 1.01. The heading to Subchapter C, Chapter 372, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER C. TOLL INVOICES AND PAYMENT [NONPAYMENT OF TOLLS]; |
|
REMEDIES FOR NONPAYMENT |
|
SECTION 1.02. Section 372.101, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 372.101. APPLICABILITY. Sections 372.102, 372.103, |
|
372.104, and 372.105 do [This subchapter does] not apply to a county |
|
acting under Chapter 284. |
|
SECTION 1.03. Subchapter C, Chapter 372, Transportation |
|
Code, is amended by adding Sections 372.1011, 372.1012, and |
|
372.1013 to read as follows: |
|
Sec. 372.1011. TOLL NOT PAID AT TIME OF USE; INVOICE. (a) |
|
As an alternative to requiring payment of a toll at the time a |
|
vehicle uses a toll project, a toll project entity shall use video |
|
recordings, photography, electronic data, transponders, or other |
|
tolling methods, including automated enforcement technology, to |
|
permit the registered owner of the vehicle to pay the toll at a |
|
later date. |
|
(b) A toll project entity shall send, using the address as |
|
shown in vehicle registration records or obtained through other |
|
reliable means, an invoice to the registered owner of a vehicle for |
|
which a toll is not paid at the time the toll is incurred. |
|
(c) Information collected for the purposes of collecting |
|
toll payment, including contact, payment, and other account |
|
information and trip data, is confidential and not subject to |
|
disclosure under Chapter 552, Government Code. |
|
Sec. 372.1012. INVOICE REQUIREMENTS; PAYMENT DUE DATE. An |
|
invoice containing an assessment for the use of a toll project must: |
|
(1) require payment not later than the 30th day after |
|
the date the invoice is mailed; and |
|
(2) conspicuously state: |
|
(A) the amount due; |
|
(B) the date by which the amount due must be paid; |
|
and |
|
(C) that failure to pay the amount due in the |
|
required period: |
|
(i) will result in the assessment of an |
|
administrative fee; and |
|
(ii) may result in liability for a civil |
|
penalty. |
|
Sec. 372.1013. PAYMENT OF TOLL INVOICE; CIVIL PENALTY FOR |
|
FAILURE TO PAY AMOUNT OF INVOICE WITHIN 30 DAYS. (a) A person who |
|
receives an invoice from a toll project entity for the use of a toll |
|
project shall, not later than the due date specified in the invoice: |
|
(1) pay the amount owed as stated in the invoice; or |
|
(2) send a written request to the entity for a review |
|
of the toll assessments contained in the invoice. |
|
(b) If a person fails to comply with Subsection (a), the |
|
toll project entity may add an administrative fee, not to exceed $6, |
|
to the amount the person owes. A toll project entity: |
|
(1) must set the administrative fee by rule in an |
|
amount that does not exceed the cost of collecting the toll; and |
|
(2) may not charge a person more than $48 in |
|
administrative fees in a 12-month period. |
|
(c) A person who receives two or more invoices for unpaid |
|
tolls and who has not paid the amount due within 30 days of the date |
|
of the invoice is subject to a civil penalty of $25. Only one civil |
|
penalty may be assessed in a six-month period. An appropriate |
|
district or county attorney may sue to collect the civil penalty and |
|
the underlying toll and administrative fee. |
|
(d) The court in which a person is found liable for a civil |
|
penalty under Subsection (c) shall collect the civil penalty, |
|
unpaid tolls, administrative fees, and any additional court costs |
|
and forward the amounts to the appropriate toll project entity. |
|
ARTICLE 2. CONFORMING CHANGES |
|
SECTION 2.01. Section 102.0213, Government Code, is amended |
|
to read as follows: |
|
Sec. 102.0213. COURT COSTS ON CONVICTION: TRANSPORTATION |
|
CODE. A person convicted of an offense shall pay the following |
|
under the Transportation Code, in addition to all other costs: |
|
(1) court cost on conviction of a misdemeanor under |
|
Subtitle C, Title 7, Transportation Code (Sec. 542.403, |
|
Transportation Code) . . . $3; |
|
(2) cost for impoundment of vehicle (Sec. 601.263, |
|
Transportation Code) . . . $15 per day; and |
|
(3) a civil [and criminal] enforcement cost on a |
|
finding of liability for a civil penalty in connection with an |
|
assessed [conviction of an offense of, or related to, the
|
|
nonpayment of a] toll in certain counties (Sec. 284.2031, |
|
Transportation Code) . . . $1. |
|
SECTION 2.02. The heading to Section 228.054, |
|
Transportation Code, is amended to read as follows: |
|
Sec. 228.054. TOLL PAYMENT REQUIRED [FAILURE OR REFUSAL TO
|
|
PAY TOLL]; EMERGENCY VEHICLES EXEMPT [OFFENSE]. |
|
SECTION 2.03. Section 228.054(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Except as provided by Subsection (e) [or Section
|
|
228.0545], the operator of a vehicle, other than an authorized |
|
emergency vehicle, as defined by Section 541.201, that is driven or |
|
towed through a toll collection facility shall pay the proper toll. |
|
The exemption from payment of a toll for an authorized emergency |
|
vehicle applies regardless of whether the vehicle is: |
|
(1) responding to an emergency; |
|
(2) displaying a flashing light; or |
|
(3) marked as an emergency vehicle. |
|
SECTION 2.04. The heading to Section 228.055, |
|
Transportation Code, is amended to read as follows: |
|
Sec. 228.055. EXCEPTIONS FOR LEASED OR TRANSFERRED VEHICLE |
|
[ADMINISTRATIVE FEE; NOTICE; OFFENSE]. |
|
SECTION 2.05. Sections 228.055(d), (d-1), (e), and (i), |
|
Transportation Code, are amended to read as follows: |
|
(d) It is an exception to liability of a vehicle's |
|
registered owner for a toll incurred by the vehicle [the
|
|
application of Subsection (a) or (c)] if the registered owner of the |
|
vehicle is a lessor of the vehicle and not later than the 30th day |
|
after the date the invoice containing an assessment of the toll |
|
[notice of nonpayment] is mailed provides to the department: |
|
(1) a copy of the rental, lease, or other contract |
|
document covering the vehicle on the date the toll was incurred [of
|
|
the nonpayment under Section 228.054 or the date the vehicle was
|
|
driven or towed through a toll collection facility that results in a
|
|
notice issued under Section 228.0545], with the name and address of |
|
the lessee clearly legible; or |
|
(2) electronic data, in a format agreed on by the |
|
department and the lessor, other than a photocopy or scan of a |
|
rental or lease contract, that contains the information required |
|
under Sections 521.460(c)(1), (2), and (3) covering the vehicle on |
|
the date the toll was incurred [of the nonpayment under Section
|
|
228.054 or the date the vehicle was driven or towed through a toll
|
|
collection facility that results in a notice issued under Section
|
|
228.0545]. |
|
(d-1) If the lessor provides the required information |
|
within the period prescribed under Subsection (d), the department |
|
may send an invoice [a notice of nonpayment] to the lessee at the |
|
address provided under Subsection (d) by first class mail before |
|
the 30th day after the date of receipt of the required information |
|
from the lessor. [The lessee of the vehicle for which the proper
|
|
toll was not paid who is mailed a written notice of nonpayment under
|
|
this subsection and fails to pay the proper toll and administrative
|
|
fee within the time specified by the notice of nonpayment commits an
|
|
offense.
The lessee shall pay a separate toll and administrative
|
|
fee for each event of nonpayment.
Each failure to pay a toll or
|
|
administrative fee under this subsection is a separate offense.] |
|
(e) It is an exception to liability of a vehicle's |
|
registered owner for a toll incurred by the vehicle [the
|
|
application of Subsection (a) or (c)] if the registered owner of the |
|
vehicle transferred ownership of the vehicle to another person |
|
before the toll was incurred [event of nonpayment under Section
|
|
228.054 occurred or before the date the vehicle was driven or towed
|
|
through a toll collection facility that results in a notice issued
|
|
under Section 228.0545], submitted written notice of the transfer |
|
to the department in accordance with Section 501.147, and, before |
|
the 30th day after the date the invoice [notice of nonpayment] is |
|
mailed, provides to the department the name and address of the |
|
person to whom the vehicle was transferred. If the former owner of |
|
the vehicle provides the required information within the period |
|
prescribed, the department may send an invoice [a notice of
|
|
nonpayment] to the person to whom ownership of the vehicle was |
|
transferred at the address provided by the former owner by first |
|
class mail before the 30th day after the date of receipt of the |
|
required information from the former owner. The department may |
|
send all subsequent invoices [notices of nonpayment] associated |
|
with the vehicle to the person to whom ownership of the vehicle was |
|
transferred at the address provided by the former owner or an |
|
alternate address provided by the subsequent owner or derived |
|
through other reliable means. [The subsequent owner of the vehicle
|
|
for which the proper toll was not paid who is mailed a written
|
|
notice of nonpayment under this subsection and fails to pay the
|
|
proper toll and administrative fee within the time specified by the
|
|
notice of nonpayment commits an offense.
The subsequent owner
|
|
shall pay a separate toll and administrative fee for each event of
|
|
nonpayment under Section 228.054 or 228.0545.
Each failure to pay a
|
|
toll or administrative fee under this subsection is a separate
|
|
offense.] |
|
(i) The department may contract, in accordance with Section |
|
2107.003, Government Code, with a person to collect the unpaid toll |
|
and any applicable administrative fee before referring the matter |
|
to a court for collection of a civil penalty under Section 372.1013 |
|
[with jurisdiction over the offense]. |
|
SECTION 2.06. Section 228.056, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 228.056. PROOF OF LIABILITY FOR TOLL; DEFENSE FOR |
|
STOLEN VEHICLE [PRESUMPTIONS; PRIMA FACIE EVIDENCE; DEFENSES]. (a) |
|
Proof [In the prosecution of an offense under Section 228.054 or
|
|
228.055, proof] that a [the] vehicle was driven or towed through a |
|
[the] toll collection facility without payment of the proper toll |
|
may be shown by a video recording, photograph, electronic |
|
recording, or other appropriate evidence, including evidence |
|
obtained by automated enforcement technology. |
|
(b) In determining liability for an incurred toll [the
|
|
prosecution of an offense under Section 228.055(c), (d-1), or (e)]: |
|
(1) it is presumed that the invoice containing the |
|
assessment for the toll [notice of nonpayment] was received on the |
|
fifth day after the date of mailing; |
|
(2) a computer record of the Texas Department of Motor |
|
Vehicles of the registered owner of the vehicle is prima facie |
|
evidence of its contents and that the person identified in the |
|
record as the vehicle's registered owner [defendant] was the |
|
registered owner of the vehicle when the toll was incurred |
|
[underlying event of nonpayment under Section 228.054 occurred or
|
|
on the date the vehicle was driven or towed through a toll
|
|
collection facility that results in a notice issued under Section
|
|
228.0545]; and |
|
(3) a copy of a [the] rental, lease, or other contract |
|
document, or the electronic data provided to the department under |
|
Section 228.055(d), covering the vehicle on the date the toll was |
|
incurred [of the underlying event of nonpayment under Section
|
|
228.054 or on the date the vehicle was driven or towed through a
|
|
toll collection facility that results in a notice issued under
|
|
Section 228.0545] is prima facie evidence of its contents and that |
|
the person identified in the document [defendant] was the lessee of |
|
the vehicle when the toll was incurred [underlying event of
|
|
nonpayment under Section 228.054 occurred or when the vehicle was
|
|
driven or towed through a toll collection facility that results in a
|
|
notice issued under Section 228.0545]. |
|
(c) It is a defense to liability of a vehicle's registered |
|
owner for a toll incurred by the vehicle [prosecution under Section
|
|
228.055(c), (d-1), or (e)] that the [motor] vehicle [in question] |
|
was stolen before the toll was incurred [failure to pay the proper
|
|
toll occurred] and had not been recovered before the toll was |
|
incurred [failure to pay occurred], but only if the theft was |
|
reported to the appropriate law enforcement authority before the |
|
earlier of: |
|
(1) the time the toll was incurred [the occurrence of
|
|
the failure to pay]; or |
|
(2) eight hours after the discovery of the theft. |
|
SECTION 2.07. Section 228.059, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 228.059. TOLL COLLECTION AND ENFORCEMENT BY OTHER |
|
ENTITY[; OFFENSE]. An entity operating a toll lane pursuant to |
|
Section 228.007(b) has, with regard to toll collection and |
|
enforcement for that toll lane, the same powers and duties as the |
|
department under this chapter. [A person who fails to pay a toll or
|
|
administrative fee imposed by the entity commits an offense. Each
|
|
failure to pay a toll or administrative fee imposed by the entity is
|
|
a separate offense. An offense under this section is a misdemeanor
|
|
punishable by a fine not to exceed $250, and the provisions of
|
|
Section 228.056 apply to the prosecution of the offense under this
|
|
section.] The entity may use revenues for improvement, extension, |
|
expansion, or maintenance of the toll lane. |
|
SECTION 2.08. The heading to Section 284.070, |
|
Transportation Code, is amended to read as follows: |
|
Sec. 284.070. TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES |
|
EXEMPT [NONPAYMENT OF TOLL; OFFENSE]. |
|
SECTION 2.09. Sections 284.070(a) and (d), Transportation |
|
Code, are amended to read as follows: |
|
(a) A person who [commits an offense if the person:
|
|
[(1)] operates a vehicle on a county project shall[;
|
|
and
|
|
[(2) fails or refuses to] pay a toll imposed under |
|
Section 284.069. |
|
(d) In a county with a population over 2.8 million, |
|
liability for a civil penalty under Section 372.1013 [an offense
|
|
under this section] may be determined [prosecuted] in any precinct |
|
in the county in which the toll was incurred [offense was
|
|
committed]. |
|
SECTION 2.10. The heading to Section 284.0701, |
|
Transportation Code, is amended to read as follows: |
|
Sec. 284.0701. INVOICE; EXCEPTIONS FOR LEASED OR |
|
TRANSFERRED VEHICLE [ADMINISTRATIVE COSTS; NOTICE; OFFENSE]. |
|
SECTION 2.11. Sections 284.0701(a), (b), (d), (d-1), and |
|
(e), Transportation Code, are amended to read as follows: |
|
(a) If a county does not collect a toll at the time the toll |
|
is incurred by a vehicle [In the event of an offense committed] |
|
under Section 284.070, the county shall assess the toll on and send |
|
an invoice containing the assessment to the vehicle's registered |
|
owner [on issuance of a written notice of nonpayment, the
|
|
registered owner of the nonpaying vehicle is liable for the payment
|
|
of both the proper toll and an administrative cost]. |
|
(b) [The county may impose and collect the administrative
|
|
cost so as to recover the expense of collecting the unpaid toll, not
|
|
to exceed $100.] The county shall send the invoice [a written
|
|
notice of nonpayment] to the registered owner of the vehicle at that |
|
owner's address as shown in the vehicle registration records of the |
|
Texas Department of Motor Vehicles by first-class mail not later |
|
than the 30th day after the date the toll was incurred [of the
|
|
alleged failure to pay and may require payment not sooner than the
|
|
30th day after the date the notice was mailed. The registered owner
|
|
shall pay a separate toll and administrative cost for each event of
|
|
nonpayment under Section 284.070]. |
|
(d) It is an exception to the application of Subsection (a) |
|
[or (c)] if the registered owner of the vehicle is a lessor of the |
|
vehicle and not later than the 30th day after the date an invoice |
|
containing an assessment of a toll [the notice of nonpayment] is |
|
mailed provides to the authority: |
|
(1) a copy of the rental, lease, or other contract |
|
document covering the vehicle on the date the toll was incurred [of
|
|
the nonpayment under Section 284.070], with the name and address of |
|
the lessee clearly legible; or |
|
(2) electronic data, other than a photocopy or scan of |
|
a rental or lease contract, that contains the information required |
|
under Sections 521.460(c)(1), (2), and (3) covering the vehicle on |
|
the date the toll was incurred [of the nonpayment under Section
|
|
284.070]. |
|
(d-1) If the lessor provides the required information |
|
within the period prescribed under Subsection (d), the authority |
|
may send an invoice containing an assessment of the incurred toll [a
|
|
notice of nonpayment] to the lessee at the address provided under |
|
Subsection (d) by first class mail before the 30th day after the |
|
date of receipt of the required information from the lessor. [The
|
|
lessee of the vehicle for which the proper toll was not paid who is
|
|
mailed a written notice of nonpayment under this subsection and
|
|
fails to pay the proper toll and administrative cost within the time
|
|
specified by the notice of nonpayment commits an offense. The
|
|
lessee shall pay a separate toll and administrative cost for each
|
|
event of nonpayment. Each failure to pay a toll or administrative
|
|
cost under this subsection is a separate offense.] |
|
(e) It is an exception to the application of Subsection (a) |
|
or Section 372.1011 [(c)] if the registered owner of the vehicle |
|
transferred ownership of the vehicle to another person before the |
|
time the toll was incurred [event of nonpayment under Section
|
|
284.070 occurred], submitted written notice of the transfer to the |
|
Texas Department of Motor Vehicles in accordance with Section |
|
501.147, and before the 30th day after the date the invoice |
|
containing an assessment of the incurred toll [notice of
|
|
nonpayment] is mailed, provides to the county the name and address |
|
of the person to whom the vehicle was transferred. If the former |
|
owner of the vehicle provides the required information within the |
|
period prescribed, the county may send an invoice [a notice of
|
|
nonpayment] to the person to whom ownership of the vehicle was |
|
transferred at the address provided by the former owner by |
|
first-class mail before the 30th day after the date of receipt of |
|
the required information from the former owner. [The subsequent
|
|
owner of the vehicle for which the proper toll was not paid who is
|
|
mailed a written notice of nonpayment under this subsection and
|
|
fails to pay the proper toll and administrative cost within the time
|
|
specified by the notice of nonpayment commits an offense. The
|
|
subsequent owner shall pay a separate toll and administrative cost
|
|
for each event of nonpayment under Section 284.070. Each failure to
|
|
pay a toll or administrative cost under this subsection is a
|
|
separate offense.] |
|
SECTION 2.12. Section 284.0702, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 284.0702. PRIMA FACIE EVIDENCE; DEFENSE OF STOLEN |
|
VEHICLE. (a) Proof [In the prosecution of an offense under Section
|
|
284.070 or 284.0701, proof] that a [the] vehicle was driven or towed |
|
through a [the] toll collection facility without payment of the |
|
proper toll may be shown by a video recording, photograph, |
|
electronic recording, or other appropriate evidence, including |
|
evidence obtained by automated enforcement technology. |
|
(b) In determining liability for an incurred toll [the
|
|
prosecution of an offense under Section 284.0701(c), (d-1), or
|
|
(e)]: |
|
(1) a computer record of the department of the |
|
registered owner of the vehicle is prima facie evidence of its |
|
contents and that the person identified in the record [defendant] |
|
was the registered owner of the vehicle when the toll was incurred |
|
[underlying event of nonpayment under Section 284.070 occurred]; |
|
and |
|
(2) a copy of the rental, lease, or other contract |
|
document, or the electronic data provided to the authority under |
|
Section 284.0701(d), covering the vehicle on the date a toll was |
|
incurred [of the underlying event of nonpayment under Section
|
|
284.070] is prima facie evidence of its contents and that the person |
|
identified in the document [defendant] was the lessee of the |
|
vehicle when the toll was incurred [underlying event of nonpayment
|
|
under Section 284.070 occurred]. |
|
(c) It is a defense to liability of a vehicle's registered |
|
owner for a toll incurred by the vehicle [prosecution under Section
|
|
284.0701(c), (d-1), or (e)] that the vehicle in question was stolen |
|
before the time the toll was incurred [failure to pay the proper
|
|
toll occurred] and had not been recovered before the time the toll |
|
was incurred [failure to pay occurred], but only if the theft was |
|
reported to the appropriate law enforcement authority before the |
|
earlier of: |
|
(1) the time the toll was incurred [occurrence of the
|
|
failure to pay]; or |
|
(2) eight hours after the discovery of the theft. |
|
SECTION 2.13. The heading to Subchapter D, Chapter 284, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER D. MISCELLANEOUS TOLL COLLECTION PROVISIONS |
|
[UNAUTHORIZED USE OF TOLL ROADS IN CERTAIN COUNTIES] |
|
SECTION 2.14. The heading to Section 284.2031, |
|
Transportation Code, is amended to read as follows: |
|
Sec. 284.2031. CIVIL [AND CRIMINAL] ENFORCEMENT COST. |
|
SECTION 2.15. Section 284.2031(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A county may impose, in addition to other costs, $1 as a |
|
court cost on the imposition of a civil penalty associated with an |
|
invoice for a toll incurred [conviction to a defendant convicted of
|
|
an offense] under Section [284.070,] 284.0701[, or 284.203] in an |
|
action brought by the county or district attorney. |
|
SECTION 2.16. Section 284.2032(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A county with a population of 3.3 million or more may |
|
impose, in addition to other costs, $1 as an administrative cost |
|
associated with collecting an incurred [a] toll or charge for each |
|
toll or charge incurred [event of nonpayment of a required toll or
|
|
charge imposed] under Section 284.069. |
|
SECTION 2.17. The heading to Section 366.178, |
|
Transportation Code, is amended to read as follows: |
|
Sec. 366.178. TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES |
|
EXEMPT; DEFENSES FOR STOLEN OR LEASED VEHICLE [FAILURE OR REFUSAL
|
|
TO PAY TOLL]. |
|
SECTION 2.18. Sections 366.178(b-2), (f), (f-1), (g), (h), |
|
(i), (i-1), and (k), Transportation Code, are amended to read as |
|
follows: |
|
(b-2) If the authority does not collect the proper toll at |
|
the time a vehicle is driven or towed through a toll assessment |
|
facility, the authority shall assess the incurred toll on and send |
|
an invoice containing the assessment by first class mail to the |
|
registered owner of the vehicle. The invoice may include one or more |
|
tolls assessed by the authority for use of the project by the |
|
[nonpaying] vehicle [and must specify the date by which the toll or
|
|
tolls must be paid. Except as provided by Subsection (b-3), the
|
|
registered owner shall pay the unpaid tolls included in the invoice
|
|
not later than the 25th day after the date the invoice is mailed]. |
|
(f) Except as provided by Subsection (f-1), [in the
|
|
prosecution of a violation for nonpayment,] proof that a [the] |
|
vehicle passed through a toll assessment facility and that the |
|
amount included in the invoice [the third notice of nonpayment] was |
|
not paid before the date specified in the invoice [notice], |
|
together with proof that the person to whom the invoice was mailed |
|
[defendant] was the registered owner or the driver of the vehicle |
|
when the [unpaid] toll was incurred [assessed], establishes |
|
liability of the invoice recipient [the nonpayment of the
|
|
registered owner]. The proof may be by testimony of a peace officer |
|
or authority employee, video surveillance, or any other reasonable |
|
evidence, including a copy of the rental, lease, or other contract |
|
document or the electronic data provided to the authority under |
|
Subsection (i) that shows the invoice recipient [defendant] was the |
|
lessee of the vehicle when the [unpaid] toll was incurred |
|
[assessed]. |
|
(f-1) Liability of [Nonpayment by] the registered owner of a |
|
[the] vehicle for tolls incurred by the vehicle may be established |
|
by: |
|
(1) a copy of a written agreement between the |
|
authority and the registered owner for the payment of unpaid tolls |
|
and administrative fees; and |
|
(2) evidence that the registered owner is in default |
|
under the agreement. |
|
(g) The court of the local jurisdiction in which a [the
|
|
unpaid] toll was incurred [assessed] may assess and collect the |
|
amounts owed under a written agreement between the authority and |
|
the registered owner [fine] in addition to any court costs. The |
|
court may collect and forward to the authority the amounts owed |
|
under the agreement [properly assessed unpaid tolls,
|
|
administrative fees, and third-party collection service fees
|
|
incurred by the authority as determined by:
|
|
[(1) the court after a hearing; or
|
|
[(2) written agreement of the registered owner]. |
|
(h) It is a defense to liability of a vehicle's registered |
|
owner for a toll incurred by the vehicle [nonpayment under this
|
|
section] that the motor vehicle in question was stolen before the |
|
time the toll was incurred [failure to pay the proper toll occurred] |
|
and was not recovered by the time the toll was incurred [of the
|
|
failure to pay], but only if the theft was reported to the |
|
appropriate law enforcement authority before the earlier of: |
|
(1) the time the toll was incurred [occurrence of the
|
|
failure to pay]; or |
|
(2) eight hours after the discovery of the theft. |
|
(i) A registered owner who is the lessor of a vehicle for |
|
which an invoice is mailed under Subsection (b-2) or (b-3) is not |
|
liable if, not later than the 30th day after the date the invoice is |
|
mailed, the registered owner provides to the authority: |
|
(1) a copy of the rental, lease, or other contract |
|
document covering the vehicle on the date the [unpaid] toll was |
|
incurred [assessed], with the name and address of the lessee |
|
clearly legible; or |
|
(2) electronic data, other than a photocopy or scan of |
|
a rental or lease contract, that contains the information required |
|
under Sections 521.460(c)(1), (2), and (3) covering the vehicle on |
|
the date the [unpaid] toll was incurred [assessed] under this |
|
section. |
|
(i-1) If the lessor timely provides the required |
|
information under Subsection (i), the lessee of the vehicle on the |
|
date the [unpaid] toll was incurred [assessed] is considered to be |
|
the registered owner of the vehicle for purposes of this section, |
|
and the authority shall follow the procedures provided by this |
|
section as if the lessee were the registered owner of the vehicle, |
|
including sending an invoice to the lessee by first-class mail not |
|
later than the 30th day after the date of the receipt of the |
|
information from the lessor. |
|
(k) As authorized under Section 322.008(d)(2), Business & |
|
Commerce Code, an authority may provide information, including an |
|
invoice [or notice], required under this section to be sent first |
|
class mail instead as an electronic record: |
|
(1) if the recipient of the information agrees to the |
|
transmission of the information as an electronic record; and |
|
(2) on terms acceptable to the recipient. |
|
SECTION 2.19. The heading to Section 370.177, |
|
Transportation Code, is amended to read as follows: |
|
Sec. 370.177. TOLL PAYMENT REQUIRED; INVOICE; EMERGENCY |
|
VEHICLES EXEMPT; DEFENSES FOR STOLEN, TRANSFERRED, OR LEASED |
|
VEHICLE [FAILURE OR REFUSAL TO PAY TURNPIKE PROJECT TOLL; OFFENSE;
|
|
ADMINISTRATIVE PENALTY]. |
|
SECTION 2.20. Sections 370.177(a), (b), (c), (e), (e-1), |
|
(f), (i), and (j), Transportation Code, are amended to read as |
|
follows: |
|
(a) Except as provided by Subsection (a-1), the operator of |
|
a vehicle, other than an authorized emergency vehicle as defined by |
|
Section 541.201, that is driven or towed through a toll collection |
|
facility of a turnpike project shall pay the proper toll. [The
|
|
operator of a vehicle who drives or tows a vehicle through a toll
|
|
collection facility and does not pay the proper toll commits an
|
|
offense.
An offense under this subsection is a misdemeanor
|
|
punishable by a fine not to exceed $250.] The exemption from |
|
payment of a toll for an authorized emergency vehicle applies |
|
regardless of whether the vehicle is: |
|
(1) responding to an emergency; |
|
(2) displaying a flashing light; or |
|
(3) marked as an emergency vehicle. |
|
(b) If a [In the event of nonpayment of the proper] toll is |
|
not paid at the time the toll is incurred by a vehicle [as required
|
|
by Subsection (a)], the authority shall assess the incurred toll on |
|
and send an invoice containing the assessment to [on issuance of a
|
|
written notice of nonpayment,] the registered owner of the |
|
[nonpaying] vehicle [is liable for the payment of both the proper
|
|
toll and an administrative fee]. |
|
(c) [The authority may impose and collect the
|
|
administrative fee to recover the cost of collecting the unpaid
|
|
toll, not to exceed $100.] The authority shall send the invoice |
|
containing the toll assessment [a written notice of nonpayment] to |
|
the registered owner of the vehicle at that owner's address as shown |
|
in the vehicle registration records of the department by first |
|
class mail not later than the 30th day after the date the toll was |
|
incurred [of the alleged failure to pay and may require payment not
|
|
sooner than the 30th day after the date the notice was mailed. The
|
|
registered owner shall pay a separate toll and administrative fee
|
|
for each event of nonpayment under Subsection (a)]. |
|
(e) It is an exception to the liability of a vehicle's |
|
registered owner for a toll incurred by the vehicle [the
|
|
application of Subsection (b) or (d)] that the registered owner [of
|
|
the vehicle] is a lessor of the vehicle and not later than the 30th |
|
day after the date the invoice [notice of nonpayment] is mailed |
|
provides to the authority: |
|
(1) a copy of the rental, lease, or other contract |
|
document covering the vehicle on the date the toll was incurred [of
|
|
the nonpayment under Subsection (a)], with the name and address of |
|
the lessee clearly legible; or |
|
(2) electronic data, other than a photocopy or scan of |
|
a rental or lease contract, that contains the information required |
|
under Sections 521.460(c)(1), (2), and (3) covering the vehicle on |
|
the date the toll was incurred [of the nonpayment under Subsection
|
|
(a)]. |
|
(e-1) If the lessor provides the required information |
|
within the period prescribed under Subsection (e), the authority |
|
may send an invoice [a notice of nonpayment] to the lessee at the |
|
address provided under Subsection (e) by first class mail before |
|
the 30th day after the date of receipt of the required information |
|
from the lessor. [The lessee of the vehicle for which the proper
|
|
toll was not paid who is mailed a written notice of nonpayment under
|
|
this subsection and fails to pay the proper toll and administrative
|
|
fee within the time specified by the notice of nonpayment commits an
|
|
offense.
The lessee shall pay a separate toll and administrative
|
|
fee for each event of nonpayment.
Each failure to pay a toll or
|
|
administrative fee under this subsection is a separate offense.] |
|
(f) It is an exception to the liability of a vehicle's |
|
registered owner for a toll incurred by the vehicle [the
|
|
application of Subsection (b) or (d)] that the registered owner [of
|
|
the vehicle] transferred ownership of the vehicle to another person |
|
before the time the toll was incurred [event of nonpayment under
|
|
Subsection (a) occurred], submitted written notice of the transfer |
|
to the department in accordance with Section 501.147, and before |
|
the 30th day after the date the invoice containing an assessment of |
|
the toll [notice of nonpayment] is mailed, provides to the |
|
authority the name and address of the person to whom the vehicle was |
|
transferred. If the former owner of the vehicle provides the |
|
required information within the period prescribed, the authority |
|
may send an invoice containing an assessment of the toll [a notice
|
|
of nonpayment] to the person to whom ownership of the vehicle was |
|
transferred at the address provided by the former owner by first |
|
class mail before the 30th day after the date of receipt of the |
|
required information from the former owner. [The subsequent owner
|
|
of the vehicle for which the proper toll was not paid who is mailed a
|
|
written notice of nonpayment under this subsection and fails to pay
|
|
the proper toll and administrative fee within the time specified by
|
|
the notice of nonpayment commits an offense.
The subsequent owner
|
|
shall pay a separate toll and administrative fee for each event of
|
|
nonpayment under Subsection (a).
Each failure to pay a toll or
|
|
administrative fee under this subsection is a separate offense.] |
|
(i) Proof [In the prosecution of an offense under this
|
|
section, proof] that a [the] vehicle passed through a toll |
|
collection facility without payment of the proper toll together |
|
with proof that the invoice recipient [defendant] was the |
|
registered owner or the driver of the vehicle when the toll was |
|
incurred [failure to pay occurred], establishes liability of the |
|
invoice recipient [the nonpayment of the registered owner]. The |
|
proof may be by testimony of a peace officer or authority employee, |
|
video surveillance, or any other reasonable evidence, including: |
|
(1) evidence obtained by automated enforcement |
|
technology that the authority determines is necessary, including |
|
automated enforcement technology described by Sections 228.058(a) |
|
and (b); or |
|
(2) a copy of the rental, lease, or other contract |
|
document or the electronic data provided to the authority under |
|
Subsection (e) that shows that the invoice recipient [the
|
|
defendant] was the lessee of the vehicle when the toll was incurred |
|
[underlying event of nonpayment occurred]. |
|
(j) It is a defense to liability of a vehicle's registered |
|
owner for a toll incurred by the vehicle [prosecution under this
|
|
section] that the motor vehicle in question was stolen before the |
|
toll was incurred [failure to pay the proper toll occurred] and was |
|
not recovered by the time the toll was incurred [of the failure to
|
|
pay], but only if the theft was reported to the appropriate law |
|
enforcement authority before the earlier of: |
|
(1) the time the toll was incurred [occurrence of the
|
|
failure to pay]; or |
|
(2) eight hours after the discovery of the theft. |
|
SECTION 2.21. The heading to Section 372.105, |
|
Transportation Code, is amended to read as follows: |
|
Sec. 372.105. INVOICES PROVIDED IN PERSON FOR USE OF TOLL |
|
PROJECT [NONPAYMENT] BY VEHICLES NOT REGISTERED IN THIS STATE. |
|
SECTION 2.22. Sections 372.105(a) and (b), Transportation |
|
Code, are amended to read as follows: |
|
(a) A toll project entity may, in lieu of mailing an invoice |
|
[a written notice of nonpayment], serve with an invoice [a written
|
|
notice of nonpayment] in person an owner of a vehicle that is not |
|
registered in this state, including the owner of a vehicle |
|
registered in another state of the United States, the United |
|
Mexican States, a state of the United Mexican States, or another |
|
country or territory. An invoice [A notice of nonpayment] may also |
|
be served by an employee of a governmental entity operating an |
|
international bridge at the time a vehicle with a record of |
|
nonpayment seeks to enter or leave this state. |
|
(b) An invoice [Each written notice of nonpayment] issued |
|
under Subsection (a) must be paid not later than the 30th day after |
|
the date the invoice is issued [shall include a warning that the
|
|
failure to pay the amounts in the notice may result in the toll
|
|
project entity's exercise of the habitual violator remedies under
|
|
this subchapter]. |
|
ARTICLE 3. REPEALERS |
|
SECTION 3.01. The following sections of the Transportation |
|
Code are repealed: |
|
(1) Sections 228.054(b) and (c); |
|
(2) Section 228.0545; |
|
(3) Sections 228.055(a), (b), (c), (f), (g), and (h); |
|
(4) Sections 284.0701(c), (f), and (g); |
|
(5) Sections 284.202, 284.203, 284.2031(b), 284.204, |
|
284.205, 284.206, 284.207, 284.208, 284.209, 284.210, 284.211, and |
|
284.212; |
|
(6) Sections 366.178(b), (b-1), (b-4), (c), (d), |
|
(d-1), (d-2), and (e); |
|
(7) Sections 370.177(d), (g), and (h); |
|
(8) Sections 372.105(c), (d), (e), and (f); |
|
(9) Sections 372.106, 372.107, 372.108, 372.109, |
|
372.110, 372.111, 372.112, 372.113, 372.114, and 372.115; and |
|
(10) Section 502.011. |
|
ARTICLE 4. TRANSITION; EFFECTIVE DATE |
|
SECTION 4.01. The changes in law made by this Act apply only |
|
to a toll incurred on or after the effective date of this Act. A |
|
toll incurred before the effective date of this Act is governed by |
|
the law in effect on the date the toll was incurred, and the former |
|
law is continued in effect for that purpose. |
|
SECTION 4.02. This Act takes effect January 1, 2018. |