H.B. No. 2983
AN ACT
relating to the electronic transmission of motor vehicle rental
information in connection with the payment of tolls.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 228.055, Transportation Code, is amended
by amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(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 the 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 of the nonpayment under
Section 228.054, 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 of the nonpayment under Section 228.054.
(d-1) If the lessor provides the required information
within the period prescribed under Subsection (d), the department
may send a notice of nonpayment to the lessee at the address
provided under Subsection (d) [shown on the contract document] 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.
SECTION 2. Sections 228.056(b) and (c), Transportation
Code, are amended to read as follows:
(b) In the prosecution of an offense under Section
228.055(c), (d-1) [(d)], or (e):
(1) it is presumed that the notice of nonpayment was
received on the fifth day after the date of mailing;
(2) a computer record of the department of the
registered owner of the vehicle is prima facie evidence of its
contents and that the defendant was the registered owner of the
vehicle when the underlying event of nonpayment under Section
228.054 occurred; and
(3) a copy of 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 of the
underlying event of nonpayment under Section 228.054 is prima facie
evidence of its contents and that the defendant was the lessee of
the vehicle when the underlying event of nonpayment under Section
228.054 occurred.
(c) It is a defense to prosecution under Section 228.055(c),
(d-1) [(d)], or (e) that the motor vehicle in question was stolen
before the failure to pay the proper toll occurred and had not been
recovered before the failure to pay occurred, but only if the theft
was reported to the appropriate law enforcement authority before
the earlier of:
(1) the occurrence of the failure to pay; or
(2) eight hours after the discovery of the theft.
SECTION 3. Section 284.0701, Transportation Code, is
amended by amending Subsection (d) and adding Subsection (d-1) to
read as follows:
(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 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 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 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 a notice of nonpayment to the lessee at the address
provided under Subsection (d) [shown on the contract document] 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.
SECTION 4. Sections 284.0702(b) and (c), Transportation
Code, are amended to read as follows:
(b) In the prosecution of an offense under Section
284.0701(c), (d-1) [(d)], 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 defendant was the registered owner of the
vehicle when the 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 of the
underlying event of nonpayment under Section 284.070 is prima facie
evidence of its contents and that the defendant was the lessee of
the vehicle when the underlying event of nonpayment under Section
284.070 occurred.
(c) It is a defense to prosecution under Section
284.0701(c), (d-1) [(d)], or (e) that the vehicle in question was
stolen before the failure to pay the proper toll occurred and had
not been recovered before the failure to pay occurred, but only if
the theft was reported to the appropriate law enforcement authority
before the earlier of:
(1) the occurrence of the failure to pay; or
(2) eight hours after the discovery of the theft.
SECTION 5. Section 366.178, Transportation Code, is amended
by amending Subsections (f) and (i) and adding Subsection (i-1) to
read as follows:
(f) In the prosecution of a violation for nonpayment, proof
that the vehicle passed through a toll collection facility without
payment of the proper toll together with proof that the defendant
was the registered owner or the driver of the vehicle when the
failure to pay occurred, establishes 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 defendant was the lessee of the
vehicle when the underlying event of nonpayment occurred.
(i) A registered owner who is the lessor of a vehicle for
which a notice of nonpayment has been issued is not liable if, not
later than the 30th day after the date the notice of nonpayment is
mailed, the registered owner provides to the authority:
(1) a copy of the rental, lease, or other contract
document [lease agreement] covering the vehicle on the date of the
nonpayment, with the[. The] name and address of the lessee [must
be] 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 of the nonpayment under this section.
(i-1) If the lessor timely provides the required
information under Subsection (i), the lessee of the vehicle on the
date of the violation is considered to be the owner of the vehicle
for purposes of this section. The lessee is subject to prosecution
for failure to pay the proper toll if the authority sends a notice
of nonpayment 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.
SECTION 6. Section 370.177, Transportation Code, is amended
by amending Subsections (e), (g), and (i) and adding Subsection
(e-1) to read as follows:
(e) It is an exception to 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 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 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 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 a notice of nonpayment to the lessee at the address
provided under Subsection (e) [shown on the contract document] 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.
(g) An offense under Subsection (d), (e-1) [(e)], or (f) is
a misdemeanor punishable by a fine not to exceed $250.
(i) In the prosecution of an offense under this section,
proof that the vehicle passed through a toll collection facility
without payment of the proper toll together with proof that the
defendant was the registered owner or the driver of the vehicle when
the failure to pay occurred, establishes 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 the defendant was the lessee of the
vehicle when the underlying event of nonpayment occurred.
SECTION 7. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2983 was passed by the House on April
22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2983 on May 23, 2009, by the following vote: Yeas 138, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2983 was passed by the Senate, with
amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor