Texas 2009 - 81st Regular

Texas House Bill HB2983 Compare Versions

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1	1	H.B. No. 2983
2	2
3	3
4	4	AN ACT
5	5	relating to the electronic transmission of motor vehicle rental
6	6	information in connection with the payment of tolls.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 228.055, Transportation Code, is amended
9	9	by amending Subsection (d) and adding Subsection (d-1) to read as
10	10	follows:
11	11	(d) It is an exception to the application of Subsection (a)
12	12	or (c) if the registered owner of the vehicle is a lessor of the
13	13	vehicle and not later than the 30th day after the date the notice of
14	14	nonpayment is mailed provides to the department:
15	15	(1) a copy of the rental, lease, or other contract
16	16	document covering the vehicle on the date of the nonpayment under
17	17	Section 228.054, with the name and address of the lessee clearly
18	18	legible; or
19	19	(2) electronic data, in a format agreed on by the
20	20	department and the lessor, other than a photocopy or scan of a
21	21	rental or lease contract, that contains the information required
22	22	under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
23	23	the date of the nonpayment under Section 228.054.
24	24	(d-1) If the lessor provides the required information
25	25	within the period prescribed under Subsection (d), the department
26	26	may send a notice of nonpayment to the lessee at the address
27	27	provided under Subsection (d) [shown on the contract document] by
28	28	first class mail before the 30th day after the date of receipt of
29	29	the required information from the lessor. The lessee of the
30	30	vehicle for which the proper toll was not paid who is mailed a
31	31	written notice of nonpayment under this subsection and fails to pay
32	32	the proper toll and administrative fee within the time specified by
33	33	the notice of nonpayment commits an offense. The lessee shall pay
34	34	a separate toll and administrative fee for each event of
35	35	nonpayment. Each failure to pay a toll or administrative fee under
36	36	this subsection is a separate offense.
37	37	SECTION 2. Sections 228.056(b) and (c), Transportation
38	38	Code, are amended to read as follows:
39	39	(b) In the prosecution of an offense under Section
40	40	228.055(c), (d-1) [(d)], or (e):
41	41	(1) it is presumed that the notice of nonpayment was
42	42	received on the fifth day after the date of mailing;
43	43	(2) a computer record of the department of the
44	44	registered owner of the vehicle is prima facie evidence of its
45	45	contents and that the defendant was the registered owner of the
46	46	vehicle when the underlying event of nonpayment under Section
47	47	228.054 occurred; and
48	48	(3) a copy of the rental, lease, or other contract
49	49	document, or the electronic data provided to the department under
50	50	Section 228.055(d), covering the vehicle on the date of the
51	51	underlying event of nonpayment under Section 228.054 is prima facie
52	52	evidence of its contents and that the defendant was the lessee of
53	53	the vehicle when the underlying event of nonpayment under Section
54	54	228.054 occurred.
55	55	(c) It is a defense to prosecution under Section 228.055(c),
56	56	(d-1) [(d)], or (e) that the motor vehicle in question was stolen
57	57	before the failure to pay the proper toll occurred and had not been
58	58	recovered before the failure to pay occurred, but only if the theft
59	59	was reported to the appropriate law enforcement authority before
60	60	the earlier of:
61	61	(1) the occurrence of the failure to pay; or
62	62	(2) eight hours after the discovery of the theft.
63	63	SECTION 3. Section 284.0701, Transportation Code, is
64	64	amended by amending Subsection (d) and adding Subsection (d-1) to
65	65	read as follows:
66	66	(d) It is an exception to the application of Subsection (a)
67	67	or (c) if the registered owner of the vehicle is a lessor of the
68	68	vehicle and not later than the 30th day after the date the notice of
69	69	nonpayment is mailed provides to the authority:
70	70	(1) a copy of the rental, lease, or other contract
71	71	document covering the vehicle on the date of the nonpayment under
72	72	Section 284.070, with the name and address of the lessee clearly
73	73	legible; or
74	74	(2) electronic data, other than a photocopy or scan of
75	75	a rental or lease contract, that contains the information required
76	76	under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
77	77	the date of the nonpayment under Section 284.070.
78	78	(d-1) If the lessor provides the required information
79	79	within the period prescribed under Subsection (d), the authority
80	80	may send a notice of nonpayment to the lessee at the address
81	81	provided under Subsection (d) [shown on the contract document] by
82	82	first class mail before the 30th day after the date of receipt of
83	83	the required information from the lessor. The lessee of the vehicle
84	84	for which the proper toll was not paid who is mailed a written
85	85	notice of nonpayment under this subsection and fails to pay the
86	86	proper toll and administrative cost within the time specified by
87	87	the notice of nonpayment commits an offense. The lessee shall pay a
88	88	separate toll and administrative cost for each event of nonpayment.
89	89	Each failure to pay a toll or administrative cost under this
90	90	subsection is a separate offense.
91	91	SECTION 4. Sections 284.0702(b) and (c), Transportation
92	92	Code, are amended to read as follows:
93	93	(b) In the prosecution of an offense under Section
94	94	284.0701(c), (d-1) [(d)], or (e):
95	95	(1)[,] a computer record of the department of the
96	96	registered owner of the vehicle is prima facie evidence of its
97	97	contents and that the defendant was the registered owner of the
98	98	vehicle when the underlying event of nonpayment under Section
99	99	284.070 occurred; and
100	100	(2) a copy of the rental, lease, or other contract
101	101	document, or the electronic data provided to the authority under
102	102	Section 284.0701(d), covering the vehicle on the date of the
103	103	underlying event of nonpayment under Section 284.070 is prima facie
104	104	evidence of its contents and that the defendant was the lessee of
105	105	the vehicle when the underlying event of nonpayment under Section
106	106	284.070 occurred.
107	107	(c) It is a defense to prosecution under Section
108	108	284.0701(c), (d-1) [(d)], or (e) that the vehicle in question was
109	109	stolen before the failure to pay the proper toll occurred and had
110	110	not been recovered before the failure to pay occurred, but only if
111	111	the theft was reported to the appropriate law enforcement authority
112	112	before the earlier of:
113	113	(1) the occurrence of the failure to pay; or
114	114	(2) eight hours after the discovery of the theft.
115	115	SECTION 5. Section 366.178, Transportation Code, is amended
116	116	by amending Subsections (f) and (i) and adding Subsection (i-1) to
117	117	read as follows:
118	118	(f) In the prosecution of a violation for nonpayment, proof
119	119	that the vehicle passed through a toll collection facility without
120	120	payment of the proper toll together with proof that the defendant
121	121	was the registered owner or the driver of the vehicle when the
122	122	failure to pay occurred, establishes the nonpayment of the
123	123	registered owner. The proof may be by testimony of a peace officer
124	124	or authority employee, video surveillance, or any other reasonable
125	125	evidence, including a copy of the rental, lease, or other contract
126	126	document or the electronic data provided to the authority under
127	127	Subsection (i) that shows the defendant was the lessee of the
128	128	vehicle when the underlying event of nonpayment occurred.
129	129	(i) A registered owner who is the lessor of a vehicle for
130	130	which a notice of nonpayment has been issued is not liable if, not
131	131	later than the 30th day after the date the notice of nonpayment is
132	132	mailed, the registered owner provides to the authority:
133	133	(1) a copy of the rental, lease, or other contract
134	134	document [lease agreement] covering the vehicle on the date of the
135	135	nonpayment, with the[. The] name and address of the lessee [must
136	136	be] clearly legible; or
137	137	(2) electronic data, other than a photocopy or scan of
138	138	a rental or lease contract, that contains the information required
139	139	under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
140	140	the date of the nonpayment under this section.
141	141	(i-1) If the lessor timely provides the required
142	142	information under Subsection (i), the lessee of the vehicle on the
143	143	date of the violation is considered to be the owner of the vehicle
144	144	for purposes of this section. The lessee is subject to prosecution
145	145	for failure to pay the proper toll if the authority sends a notice
146	146	of nonpayment to the lessee by first-class mail not later than the
147	147	30th day after the date of the receipt of the information from the
148	148	lessor.
149	149	SECTION 6. Section 370.177, Transportation Code, is amended
150	150	by amending Subsections (e), (g), and (i) and adding Subsection
151	151	(e-1) to read as follows:
152	152	(e) It is an exception to the application of Subsection (b)
153	153	or (d) that the registered owner of the vehicle is a lessor of the
154	154	vehicle and not later than the 30th day after the date the notice of
155	155	nonpayment is mailed provides to the authority:
156	156	(1) a copy of the rental, lease, or other contract
157	157	document covering the vehicle on the date of the nonpayment under
158	158	Subsection (a), with the name and address of the lessee clearly
159	159	legible; or
160	160	(2) electronic data, other than a photocopy or scan of
161	161	a rental or lease contract, that contains the information required
162	162	under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
163	163	the date of the nonpayment under Subsection (a).
164	164	(e-1) If the lessor provides the required information
165	165	within the period prescribed under Subsection (e), the authority
166	166	may send a notice of nonpayment to the lessee at the address
167	167	provided under Subsection (e) [shown on the contract document] by
168	168	first class mail before the 30th day after the date of receipt of
169	169	the required information from the lessor. The lessee of the vehicle
170	170	for which the proper toll was not paid who is mailed a written
171	171	notice of nonpayment under this subsection and fails to pay the
172	172	proper toll and administrative fee within the time specified by the
173	173	notice of nonpayment commits an offense. The lessee shall pay a
174	174	separate toll and administrative fee for each event of nonpayment.
175	175	Each failure to pay a toll or administrative fee under this
176	176	subsection is a separate offense.
177	177	(g) An offense under Subsection (d), (e-1) [(e)], or (f) is
178	178	a misdemeanor punishable by a fine not to exceed $250.
179	179	(i) In the prosecution of an offense under this section,
180	180	proof that the vehicle passed through a toll collection facility
181	181	without payment of the proper toll together with proof that the
182	182	defendant was the registered owner or the driver of the vehicle when
183	183	the failure to pay occurred, establishes the nonpayment of the
184	184	registered owner. The proof may be by testimony of a peace officer
185	185	or authority employee, video surveillance, or any other reasonable
186	186	evidence, including:
187	187	(1) evidence obtained by automated enforcement
188	188	technology that the authority determines is necessary, including
189	189	automated enforcement technology described by Sections 228.058(a)
190	190	and (b); or
191	191	(2) a copy of the rental, lease, or other contract
192	192	document or the electronic data provided to the authority under
193	193	Subsection (e) that shows the defendant was the lessee of the
194	194	vehicle when the underlying event of nonpayment occurred.
195	195	SECTION 7. This Act takes effect September 1, 2009.
196	196	______________________________ ______________________________
197	197	President of the Senate Speaker of the House
198	198	I certify that H.B. No. 2983 was passed by the House on April
199	199	22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
200	200	voting; and that the House concurred in Senate amendments to H.B.
201	201	No. 2983 on May 23, 2009, by the following vote: Yeas 138, Nays 0,
202	202	1 present, not voting.
203	203	______________________________
204	204	Chief Clerk of the House
205	205	I certify that H.B. No. 2983 was passed by the Senate, with
206	206	amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
207	207	0.
208	208	______________________________
209	209	Secretary of the Senate
210	210	APPROVED: __________________
211	211	Date
212	212	__________________
213	213	Governor