85R6230 JTS-D

By: Minjarez H.B. No. 3017

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.